Possibilidade da adoção póstuma quando o adotante não iniciou o processo judicial em vida

• Autor(a) principal: de Oliveira, Sofia Damazio
• Data de Publicação: 2019
• 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/5993
• topic: Adoção póstuma; Afetividade; Possibilidade jurídica

The present study has as general objective to analyze the possibility of the constitution of the posthumous adoption in the hypotheses in which the adopter did not initiate the judicial process in life, clarifying the reasons why the jurisprudence of the Superior Court of Justice adopts such understanding. To do so, as for the data collection procedure, a bibliographic study was carried out through books, articles and electronic media, as well as documentary research, used to investigate the judgments of the Superior Court of Justice and the Court of Justice of Santa Catarina , using the terms "posthumous adoption" and "no procedure", in order to clarify the arguments used by the judges regarding the recognition of posthumous adoption, even though the process has not been established with the adopter in life. As for the level of research, the method adopted was exploratory. Regarding the approach, a qualitative research was done. From the study, it was possible to perceive that majority doctrine and jurisprudence are converging, in the sense of expanding the article in defense of the implementation of adoption. The analysis of the judgments allowed to conclude that the matter is consolidated in the Superior Court of Justice, having several decisions that recognize the posthumous adoption in cases in which the adopter passed away before the adoption process began. Thus, it is to be concluded that, regardless of express legal prediction, the extensive interpretation of art. 42, § 6, of the ECA, in light of the application of constitutional principles and guiding principles of Family Law, make it legally possible to implement this form of adoption.