A responsabilidade civil por desistência no processo de adoção

Abstract

The present article aims to analyze the possibility of attributing civil liability to the adopters who give up the process unjustifiably during the stage of coexistence. Due to several social phenomena that occurred in the last decades, the family institution underwent a severe transformation. Affiliation ceased to be based on indissoluble marriage and began to be established by the bond of socio-affectivity among its members. Likewise, these transformations contributed to the recognition of children and adolescents as subjects of rights and of their priority role before the family dynamics. In this sense, adoption is analyzed as a means of actualizing the fundamental guarantees of the minor, and it is perceived the increment of cases in which there the adoptive parents waive their intention of continuing the process during its course without providing a reasonable justification. As a consequence, the minors who would be adopted suffer serious mental, psychological and physical damages, which demands an investigation into the possibility of holding accountable those who cause such damage. Through bibliographic review and analysis of the matter in the Brazilian legal system, it is possible to verify the possibility of civil responsibility, and the adequacy of this understanding to the doctrine of the integral protection of the child and the adolescent.