A responsabilidade civil decorrente da desistência da adoção no estágio de convivência.

Abstract

Currently, in Brazil, according to data from the National Council of Justice (2023), there are approximately 32,808 children and adolescents in shelters and foster homes, of which only 4,528 are fully eligible for adoption. To adopt a child, it is necessary for the prospective adopter to contact the Juvenile Court or Youth Court nearest to their residence. During the process, the adopted child is provided with the opportunity to interact with the adoptive parents, as occurs in the cohabitation stage. However, there has been an increase in cases of withdrawal during the cohabitation stage, that is, before the completion of the process. Withdrawal creates a sense of abandonment for the child, reliving feelings experienced with the abandonment by the biological family, frustrating their expectations and causing psychological damage, which can sometimes be irreversible. Therefore, this is a topic that requires extreme attention from the judiciary, executive, legislative, and society. The objective of this study is to analyze whether there is a possibility of compensation for moral damages to children or adolescents who have suffered trauma and harm due to the withdrawal of adoption during the cohabitation period. To answer this question, the deductive method was employed, using a form of descending reasoning, starting from general analysis to specific instances, establishing that the possibility of seeking compensation for withdrawal from adoption is viable. However, this viability depends on an individualized analysis of the specific case, with several requirements proving essential for the granting of such compensation. Among these requirements, the damage caused by the withdrawal of adoption, the absence of good faith on the part of the adopters, the proof of an emotional bond, the age of the child involved, and the duration of cohabitation between the parties are highlighted.