CIVIL RESPONSIBILITY IN CASE OF WITHDRAWAL OF THE ADOPTION IN THE COEXISTENCE STAGE

Abstract

This article aims to provide a clear and succinct form of civil liability of the adopter when he returns the adoptee during the period of cohabitation internship. To this end, it will initially deal with the basic concepts of adoption in Brazil with a historical retrospect, entering the theme of the coexistence stage. Afterwards, it was discussed what is civil liability in the Brazilian legal system and what are the reasons that lead to compensation. Finally, it was provided on the framework of the return of the child to shelters or institutions after the stage of coexistence and why this act of neglect towards the rights of the adoptee's dignity are liable to compensation. This is a bibliographic review carried out by the quantitative method, which sought to elucidate the theme in a clear and fast way, demonstrating the consequences of abandoning the adoption when ties of affinity and expectations are already created. Through the research carried out, it was possible to verify that there is a characterization of civil liability of those who return the adopting after having started the stage of coexistence, since this act causes several damages to the rights of the infant's personality, being liable to compensation.