Segundo abandono a responsabilidade civil dos pais adotivos em face da devolução do filho adotado

• Autor(a) principal: Frias, Nathalie Rodrigues
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35205
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Adoção; Criança e adolescente; Devolução; Abandono; Responsabilidade civil; Dano moral| Dano material; Alimentos; Indenização; Adoption; Child and teenager; Devolution; Abandonment; Civil responsability; Moral damage; Material damage; Alimony; Indemnity

This monograph is based on the study about the civil liability of adoptive parents, given the damage caused to the child or adolescent adopted by the double abandonment suffered by him, since he had experienced similar feelings when his biological ties were broken. Although adoption is an irrevocable measure and guarantees the adoptive child the same rights and duties of the biological child, there is still a fantasy that it does not belong to him and can be returned, especially when conflicts common to any paternal-filial relationship settle and are not resolved. To this end, a legal approach will be taken by the adoption institute, especially after the promulgation of the Federal Constitution of 1988 and the advent of the Statute of the Child and Adolescent, which inaugurated the doctrine of integral protection and began to consider children and adolescents as subjects of law, giving greater emphasis to family coexistence that must be assured, with absolute priority, by the State, by the community and by the family. In addition, it will also examine the main causes of restitution and the main damages, which justify the indemnifying duty attributed to the parents, whether in food for the wrongful act practiced, material damages for the loss of the chance of being adopted again by another family and for moral damages by the psychological and existential shock suffered by these individuals.