A adoção à brasileira entre a criminalização e a dimensão do afeto: um recorte da realidade de Sousa- PB.

Abstract

The discussion focused on the Brazilian adoption issue generates a lot of concerns, always going to exist who judge it or who that comes to defend it. To contextualize this reflection, a comeback to the beginnings when it came out the adoptions of policies that aimed the adoption cases is necessary to understand the relevance that the rights acquired with the promulgation of the Federal Constitution of 1988 brought to children and teenagers. Today there are specific legislations created to defend these people, such as the Statute of Children and Adolescents that applies an integral protection policy assigning the State of responsibilities to them. This research is based on the sample of how the criminalization of the practice of registering the child of others as if it was yours causes misfortunes both for the person who commits that action and for those who judge it, knowing that the consequences are innumerable and directly affect the family and the infant. The research was based on elucidating the strength of the socio affective ties in expense of the criminal character. With the objective of illustrate the reality of the bibliographic survey, a qualitative field research was carried out, whose data were collected through a questionnaire and a semi - structured interview with four professionals from three different institutions, including “Casa Lar Credendo Vides”, the Public Ministry and the Childhood and Youth Court, all located in the city of Sousa, Paraíba. The method of analysis of content was used to analyze the data obtained from five main categories. The results of the research can show that affective ties stand out against the criminal bias in most understandings. It cannot fail to consider the impacts of an abrupt withdrawal of a child from what he considers his home.