O processo de adoção no Brasil: uma análise acerca dos aspectos jurídicos e psicossociais.

Abstract

The present research has as its object of study the legal and psychosocial aspects of the adoption process in the Brazilian legal system, and is intended to conceptualize the adoption, including its foundations and requirements, as well as an analysis of the evolution of this institute, as well as the changes occurred with the advent of Law no 12.010/09 in the Statute of Children and Adolescents. Initially, there is a clarification of the condition of adoption of minors, its concept and requirements, in addition to the introduction of their rights in the legal system. The Magna Carta, in its article 227, brought principles that became the basis for the development of the aforementioned Statute. The investigation to which this work was submitted has an explanatory character, based on bibliographic research, reputable books and reliable websites. Using an indirect technique of information collection, this scientific research followed three stages. Initially, the bibliography was searched through secondary sources (scientific articles, books, jurisprudence and websites). The subsequent step begins with the reading and analysis of the collected materials. The focus at first was on the historicity of the topic addre ssed and in what context the adoption institute evolved and acquired its fundamental rights and guarantees. Finally, the legal basis of the aforementioned achievements and the data collected in the initial stages of research were presented. The research aims to address the issue of the real interests of minors, referring to the adoption process in Brazil. The highlight is on the issue of the family environment granted to children and adolescents, a presupposition of the coexistence stage. There is also a focus on the decisions to be made by the adopters, in the exercise of family power so that the principle of the best interests of the child and adolescent is implemented, since the adoption aims at the condition of the child of the one who was generated by a nother individual, acquiring the same rights as a biological child. Therefore, it is concluded that the adoption process is effective in applying the principle of the best interests of the child when, when it forces prospective adopters to go through stages and fulfill objective and subjective requirements, to enter the adoption process and only then, if they meet these requirements, they can obtain permanent custody of the minor. In addition, after the adoption process is final and unappealable, adoptive parents provide the realization of this principle when they comply with the obligations set forth in article 227 of the Federal Constitution.