A responsabilidade civil do adotante decorrente da devolução do adotado

Abstract

The civil liability is extremaly important when we are talking about personal relationships, in view of this we can observe the family ties evolution, the civil liability and its direct connection to adoption. This monographic work initially sought to analyze the changes in the concept of family, based on the historical context of the subject and linking directly with the adoption process and especially with the main theme, which is the civil liability of the adopter resulting from the return of the adopted person. An in-depth analysis of the topic was sought based on the Federal Constitution, the Civil Code and the Statute of Children and Adolescents, emphasizing on Law 12.010/09 and the legal effects when it comes to return after completion of the adoption process.The adopter's civil liability is seen from the perspective of fault and damage. It is carefully analyzed whether the return of the adopted person constitutes a violation of the duties assumed by the adopter and what the legal repercussions of this action would be, both for the adopter and for the child or adolescent. In view of this, the emotional implications of return are addressed, considering the impact on the adoptee's life and the social responsibilities of the family and the State. Real cases of return are observed, extracted from legal processes and reports from shelter institutions. These examples help illustrate the complexity of the situation and the varied consequences of return. Therefore, in order to fulfill what was proposed in this research, the method used was inductive, with bibliographical, monographic, doctrinal and legislative research. The study concludes that the return of the adopted person not only harms the established emotional bond, but can also cause irreparable damage, highlighting the need for a careful and responsible approach in adoption processes.