Direito da criança e do adolescente de constituir família versus direito à cultura : uma análise a partir do processo de adoção internacional.

Abstract

The present monographic has as its theme the process of international adoption of children and adolescents and its implications for the right to culture and the right to form a family, and aims to analyze whether the right to culture or to constitute a family prevails in the process of international adoption. In this context, the problem to be faced is whether in the process of international adoption, considering the ECA, the Federal Constitution and the Haia Convention, the right to culture or to family life prevails. To accomplish this task, the deductive approach method and the bibliographic research technique are used. Finally, it can be said that the authors mentioned here have different positions on the issue of international adoption, with no unanimous position. However, most of the scholars approached understood that in the process of adoption by a foreigner, the right to form a family must prevail.