CIVIL LIABILITY FOR WITHDRAWAL IN THE ADOPTION PROCESS

Abstract

The study carries out an analysis of adoption processes that involved withdrawal requests, investigating the possibility of compensation for moral damages in these cases, in order to compensate for the violation of the minors' innermost lives. The general objective of this work is to verify whether there is a possibility of compensation for moral damages in cases in which adopters give up the adoption after the sentence has become final. The theoretical approach method is deductive, using the provisions of the 2002 Civil Code and the Child and Adolescent Statute, as well as doctrinal and jurisprudential understandings. As for the results, the effects of adoption provided for in article 39 of the ECA are considered irrevocable, in view of the equality between children carved out in the Federal Constitution of 1988. However, the Superior Court of Justice, in the judgment of the Appeal Special No. 1,892,782, ruled out the irrevocability of adoption, with the justification of best interests for the minor. It is concluded that the return of the child and adolescent, whether at the convenience stage or after the sentence has become final, causes psychological consequences for the minors, ranging from a sense of rejection to even changes in behavior and the triggering of trauma.