Da possibilidade de responsabilidade civil do adotante em decorrência da devolução do adotado

• Autor(a) principal: Piva, Cristina Antonin
• 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/7692
• topic: Adoção; Devolução; Adotantes; Responsabilidade civil; Criança; Adolescente

The objective of this research is to analyze the possibility of the adopters being held liable for material and moral damages as a result of the return of the minor adopted. Regarding the methodology, the present study was carried out based on bibliographical research and documental research. It was concluded that, although the Child and Adolescent Statute does not provide for the civil liability of the adoptive parent for the return of the minor, the courts are already condemning the adoptive parents for civil liability, and compensation for damages caused to the child or adolescent. We verified that, given the damage and the causal link, there is a possibility of the responsibility of the adopters so that there is reparation to alleviate the material and psychological damages caused to the child, with the possibility of repairing the damages with treatments and with the provision of food. Although the impacts caused to the child are not fully recovered, the responsibility imposed on the adopters will serve to reflect on their lives, showing how this antisocial behavior has affected the child, since children and adolescents are not objects that can be used and then dispensed when they are no longer useful. Thus, it was concluded that in the indemnification for the return of the child in case of adoption, it is evidenced that the act of adopting a child comes with the same obligations that accompany the generation of a biological child. Keywords: Adoption. Devolution. Adopters. Civil responsability. Kid. Teenager.