Adoção e responsabilidade civil: (im) possibilidade de responsabilização civil dos adotantes em caso de devolução de crianças e de adolescentes durante o estágio de convivência

Abstract

This research is about the possibility of civil liability of adopters in case of returning children and adolescents during coexistence stage. The issue is pertinent since there are, increasingly, returns before the adoption procedure conclusion, in addition to the fact that the Brazilian legal system, through the full protection doctrine, ensures the broad protection of the rights of children and adolescents. Through the use of the deductive method and the bibliographical research method, the work will begin approaching the legal institute of adoption, its brief history, its procedure and effects, in addition to exploring the full protection doctrine and its principled developments. Furthermore, to analyze the duty to indemnify the adopters, it is necessary to make considerations about the legal institute of civil liability, as well as about its essential assumptions, classifications, functions and about its wide impact on Family Law. In this way, there is the possibility of civil liability of adopters in case of returning the adopted during coexistence stage, since the applicants, when practicing return behavior, go beyond the limits imposed by good faith and social purpose to which adoption is intended for. Thereby, it is configured unlawful act for abuse of rights. Still, unquestionably, irreversible damage is caused in children and adolescents, as they end up reliving the feelings of abandonment and rejection, already caused by the biological family. It is not uncommon for the damage to be such that it causes behavioral changes in individuals with a peculiar developmental condition. In addition, the coexistence stage was established by the legislator to assess whether or not the adoption is in the best interests of the child and/or adolescent, not consisting of a testing stage for adopters, in order to verify whether or not they wish to finalize the procedure. Therefore, given the wide preservation of the full protection doctrine and the fulfillment of civil liability requirements in cases of returning the children and adolescents during coexistence stage, adopters have the duty to indemnify the returned individuals.