ADOÇO: RESPONSABILIDADE CIVIL DOS ADOTANTES PERANTE A DEVOLUÇO DO ADOTADO

Abstract

 

THE GROWING NUMBER OF ADOPTEES BEING RETURNED TO SHELTERS HAS DRAWN THE ATTENTION OF THE MEDIA AND THE JUDICIARY. THE LEGISLATION AUTHORIZES THE RETURN OF THE CHILD OR ADOLESCENT, BOTH AFTER THE MERITS OF THE JUDGMENT GRANTING THE ADOPTION AND IN THE PERIOD OF EXPERIENCE. AFTER THE MERITS OF THE JUDGMENT, ALTHOUGH THE MEASURE IS CONSIDERED IRREVOCABLE AND REPREHENSIBLE, ONE ALWAYS SEEKS THE BEST FOR THE SMALLEST. IT'S NOT FEASIBLE TO LEAVE HIM IN A FAMILY THAT DOESN'T WANT HIM, THAT DOESN'T LOVE HIM. THE PRESENT WORK AIMS TO ANSWER THE FOLLOWING QUESTION: DOES THE RETURN OF THE ADOPTED GENERATE CIVIL LIABILITY OF THE ADOPTER, IN ORDER TO GUARANTEE THE CHILD OR ADOLESCENT AT LEAST ONE COMPENSATION? IT IS ALSO ANALYZED WHETHER A POSSIBLE "QUANTUM" INDEMNITY WOULD BE ENOUGH TO "COVER" THE MARK LEFT BY SADNESS, SORROW AND ANGUISH. THAT SAID, THE RESEARCH IS BASED ON THE METHODOLOGY OF BIOGRAPHICAL AND DOCUMENTARY RESEARCH. INITIALLY, AN ANALYSIS WAS ADDRESSED ON THE INSTITUTE OF FAMILY LAW, SPECIFICALLY REGARDING THE RETURN OF THOSE ADOPTED TO THE SHELTER. AFTER THAT, THE ADOPTION INSTITUTES WERE WORKED AS A SOLEMN ACT, IN RELATION TO DOCTRINAL CONCEPTS, IT WAS ALSO CONSIDERED ABOUT THE RETURN OF THE ADOPTED AND THE CAUSES THAT GENERATE THE RETURN, IN ADDITION TO EVALUATING WHAT ARE THE POSSIBLE PSYCHOLOGICAL DAMAGES WHO MAY, THE ADOPTED ONES RETURNED, SUFFER. THE NEXT TOPIC OF ANALYSIS WAS THE CONCEPTUALIZATION THAT THE LAW AND DOCTRINE ATTRIBUTE TO "CIVIL LIABILITY" AND THE CONSEQUENCES ON THE RETURN OF THE CHILD OR ADOLESCENT TO THE SHELTER. THERE HAS BEEN TALK ABOUT THE MEANS OF PREVENTION SO THAT THEY CEASE TO EXIST OR, AT LEAST, THE PERCENTAGE OF RETURNS IS REDUCED, AND, CONSEQUENTLY, THE DAMAGE TO THE CHILDREN AND ADOLESCENTS. FINALLY, WE ARE COMMENCED BY THE FINAL CONSIDERATIONS OF THIS INSTRUMENT, SO THAT, THERE IS THE FRAGILITY OF THE ADOPTED, AS WELL AS THE LACK OF EMPATHY OF THE ADOPTERS. IN THE COURSE OF THE WORK, THE CONCLUSION IS THAT THERE IS, YES, THE CIVIL LIABILITY OF THE ADOPTERS, BECAUSE THERE WAS A VIOLATION OF THE RIGHT OF THE CHILD OR ADOLESCENT. IN ADDITION, CIVIL LIABILITY IS TO REPAIR THE DAMAGE CAUSED TO OTHERS, AND THAT IS THE CASE IN THE RETURN OF THE ADOPTED. HOWEVER, IT IS ALSO FOUND THAT IN-KIND COMPENSATION, ALTHOUGH IMPORTANT, IS NOT SUFFICIENT TO REMEDY THE DIFFICULTIES THAT WILL HAVE THE ADOPTED, BEING CERTAIN THAT IT WILL HARDLY FIND A NEW FAMILY THAT WANTS TO ADOPT IT.