Responsabilidade civil pela desistência de adoção tardia durante o estágio de convivência

Abstract

The present work will analyze the possibility of civil liability of the alleged adopters due to the withdrawal of the late adoption process during the coexistence stage. This theme is relevant, because, although there is a jurisprudential understanding about the voluntary withdrawal after the conclusion of the adoption process, uncertainty persists as to the appropriateness of the accountability of adopters when this event occurs in the final phase of the process. The proposed research aims to evaluate the existence of an affective bond built during the stage of coexistence and the possible damage imputed to the child or adolescent due to abandonment. The general and historical aspects of adoption in Brazil will be addressed, the thesis of the second abandonment arising from the withdrawal of adoption and civil liability in the light of the theory of the loss of a chance and also the existence of moral damage. Finally, an analysis of the decision of the Superior Court of Justice that addresses the topic will be carried out.