Reabandono no Brasil e sua responsabilização

Abstract

Initiated the article by discussing the way in which adoption occurs in Brazil, emphasizing that it ends with the sentence, consequently being an irrevocable act. However, there are cases in which parents seek the State in order to return their children to foster care. Through bibliographic analysis, a research was carried out regarding the particularities of this situation, which oblige the parents to stay with their children can harm the minors, it is clear from the jurisprudence that the solution found was the removal of family power over these children and adolescents, resulting in a re-abandonment. This sanction is analyzed, which directly benefits the interest of the parents, and the cumulative suitability of providing food and liability for moral damages. The first one occurs because of continuing the maintenance duties after the loss of custody and the second for the damage caused to the minor's psyche. Finally, there is the study of the case present in REsp nº 1,698,728 analyzed by the Superior Court of Justice, in which there are arguments regarding the incidence of maintenance and liability for moral damages, with a losing vote in favor of both.