INTUITO PERSONAE ADOPTION: LEGAL UNCERTAINTY AND DECLINE IN LIGHT OF THE RIGHTS AND GUARANTEES OF THE MINOR

Abstract

This article sought to discuss the entry into force of Law No. 12,010/2009, and with this the limitation of the possibility of adoption intuito personae, making it prohibited by the Brazilian legal system and hindering the interest of adopting families who wish to adopt that child or adolescents. in specific. The research aims to describe the internal and external factors that hinder the true social function of adoption, specifically adoption intuit personae. Thus, the general objective of the research is in an exploratory and descriptive way, to research and analyze the collisions in Brazilian legislation and fundamental principles, given the subject and the severe consequences of the current way of positioning the Brazilian legal system. In view of the above, the present study intends, in the course of this research, to clarify points that deserve increased attention so that the best interests of children and adolescents are ensured, which is their comprehensive protection.