Desistência da adoção no Brasil : uma análise da responsabilidade civil dos adotantes.

Abstract

This work analyzes the dropouts of adoption in Brazil and the possibility of civil responsibility of dropouts in each procedural stage, in accordance with current legislation. Thus, due to the remarkable growth of the problem in courts across the country, civil responsibility for giving up adoption is studied as a dimension of guaranteeing the right to family life for children and adolescents, asking what are the limitations to guarantee the right compensation arising from moral damages endured by infants who are victims of failed adoptions. The method of approach used is the deductive one, based on the bibliographic research technique, the foundation of the investigation in theoretical bases supported by scientific books and articles, as well as documentary research for the analysis of judicial decisions of the Court of Justice of Rio Grande do Sul. The theme is of great importance, as the shocks suffered by children and adolescents who return to foster care after dropping out are undeniable, and it is consolidated in the need to build theoretical bases concerning the protection of the fundamental rights of children and adolescents in the legal system.