A adoção brasileira: um ato de amor ou ilícito?

Abstract

The Brazilian adoption is characterized by the civil registry of a child coming from other parents as if the biological child were, that is, an adoption is carried out without due legal procedures required by law. The current Penal Code, in article 242 the criminal classification of the practice of adopting the Brazilian, since such an act can cause harm to the child, not respecting the principle of the least interest of the child. A minor can be adopted by a family that does not have psychological and satisfactory conditions to offer fundamental rights of quality, as well as the analysis by specialist of the possibilities of adaptation in that family environment, which could be prevented in the regular adoptive process, with the refusal. This article aims to analyze whether the Brazilian adoption institute can be treated as an act of love or illicit practice, briefly presenting the position of the courts and ending the work with the conclusive ideas.