O apadrinhamento civil

• Autor(a) principal: Passinhas, Inês Maria Monteiro
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/104099
• topic: Direito

This dissertation is about Civil Sponsorship, that was established in Portugal 10 years ago, through the Law 103/2009. This new juridical instrument, has tried, since its law proposal, to be an alternative to the institutionalization of children and minors. The legislator created a legal regime that was more flexible, in comparison to other solutions, and inspired himself on the traditional godfather role. One could say that Civil Sponsorship occupied the spot left empty by the elimination of restricted adoption, through Law 143/2015. However, Civil Sponsorship never truly replaced it, as it does not involve the creation of an adoptive filiation, but rather that of a new juridical relationship, between godfather and godson. This relationship, of expectedly permanent nature, is established between a minor and a person or family, that will be in charge of the parental responsibilities, creating bonds of affection that potentiate the development and well-being of the minor. Civil sponsorship has not had, during the 10 years of its existence, the results expected as a solution against institutionalization, registering less than 30 children that ceased the situation of institutionalization due to it. The reasons behind this ineffectiveness, which this dissertation explores, can be found on the lack of publicization of the new regime to the general public and to the relevant institutions, on the regime’s characteristics that jeopardize the motivation of prospect godfathers and on the financial support provided to godfathers, so that they fulfill their role to provide for their godson.