A adoção e o direito à convivência familiar

Abstract

This paper aims to address the issue of Adoption and the Right to Family Life, covering this legal action, which is a relationship created between two people, resulting in legalized affiliation. It is the legal acceptance of a child as a child and also an act by which a bond of adopter and adopted is created. However, more than a legal act, it is an act of feeling. However, more than a legal act, it is an act of feeling. Starting from the primacy of this beautiful and solidary act, which is to adopt a stranger and live a joint dream, where parents find a child, and the child, the much desired family, aspects of this process in Brazil will be analyzed within the Statute of the Child and the Adolescent and also in the Federal Constitution. Once the adoption is complete, the child or adolescent becomes, in fact, the adopters' son, permanently. Provided for in article 39 § 1 of the Statute of the Child and Adolescent Statute, it expresses that adoption is an exceptional act, which should be resorted to only when the resources for maintaining the child or adolescent in the natural or extended family have been exhausted. It is also an irrevocable act, however, if there are abuses, mistreatments or any adversity, adopters should be deprived of their native power. The Federal Constitution of 1988, in its article 227, § 6, equates the adopted children with those of blood, with the family, society and the State guaranteeing the child and adolescent, with absolute priority, the right to life, health, food, education, leisure, professionalization, culture, dignity, respect, freedom and family and community coexistence, in addition to putting them safe from all forms of negligence, discrimination, exploitation, violence, cruelty and oppression. Still, it was treated about some points that must be developed, like the adoption to the Brazilian, which is illegal and unfortunately is still quite common and carried out in our country without the due legal process. It is necessary to point out that a fully legalized adoption system is expected, which provides the adoptee with the right to family life, always seeking the best for the child or adolescent.