A (ir) responsabilidade civil do adotante da desistência da adoção

• Autor(a) principal: Silva, Janaina
• Data de Publicação: 2020
• 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/15488
• topic: Responsabilidade civil; Adoção; Desistência

The present work aims to analyze the possibility of civil liability of applicants for adoption, consisting of the payment of indemnity for moral damages, due to the withdrawal of the measure during the period of coexistence. Such analysis is based on the principles of human dignity and the best interests of children and adolescents, all of which are laid down in the Federal Constitution of 1988 and in the Statute of Children and Adolescents. It is intended to demonstrate the appropriateness of the reparation for moral damages caused to children and adolescents due to the abuse of the adopter's rights when returning the adopted to the judiciary. To this end, it addresses the historical evolution, types and requirements of the adoption institute, as well as the assumptions and modalities of the civil liability institute. As they are people in development and enjoy full protection, it is shown that the law should be interpreted in their favor, in order to safeguard their most elementary rights, thus meeting the principle of the best interest of children and adolescents. In the absence of a legal prohibition for such an act, the reasons that make civil liability for the return of adoptees during the period of coexistence will be examined, seeking support in the abuse of rights, in the principles of full protection and in the shock suffered by children for resumption. Keywords: Civil Liability. Adoption. Withdrawal.