Prazo de permanência da criança e do adolescente em programa de acolhimento institucional na adoção regular no Brasil

• Autor(a) principal: Souza, Kamila Nandi de
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5906
• topic: Adoção; Adoção tardia; Direito de família

OBJECTIVE: The objective of this monograph is to analyze the period of permanence of the child and the adolescent in a program of institutional acceptance in the process of regular adoption in Brazil. METHOD: For the development of the research the qualitative approach method was used; as to the level, the research was exploratory; as regards the procedure, data collection, bibliographic and documentary research, based on research in articles, books and jurisprudence. RESULTS: In the present monographic study it was possible to analyze the institute of adoption in Brazil, together with its modalities, concept and the vision of several professors about the institute. It was possible to know the "adoption of the Brazilian", which is an irregular form of adoption, much practiced in Brazil and how the delay of the judiciary contributes to its practice. It was verified that the period of 18 months of permanence of the child in the institutional reception, provided for in the Statute of the Child and Adolescent, has not been complied with, disagreeing with the legislation, which also favors adoption in Brazil. Although illicit practice, it is often accepted by the judiciary through judicial forgiveness, in consideration of the best interest of the child and the adolescent. The noncompliance with this term in institutional reception is due to the bureaucratization and slowness of the process of regular adoption, which includes, from the requirements, registration, stage of coexistence, permanence in a host institution, untying of the child and adolescent of the biological family , to the financial and psychosocial analysis of the possible adopters, among other procedures. CONCLUSION: The permanence of the child and the adolescent in institutional care must comply with the 18 - month period, according to the legislation, and be used to resolve the situation of the children until they are reintegrated into the biological family or sent for adoption. If this deadline is not met, there will be a risk of bankruptcy of the institute of regular adoption in Brazil. Keywords: Adoption. Late adoption. Family right.