BRAZILIAN ADOPTION AND THE POSSIBILITY OF REVERSAL INTO LEGAL ADOPTION

Authors

  • Guilherme Costa Dias Universidade Estadual do Tocantins – UNITINS
  • William Wilson de Carvalho Universidade Estadual do Tocantins – UNTINS

DOI:

https://doi.org/10.51891/rease.v10i6.14601

Keywords:

Brazilian adoption. Social affinity and conversion into legal adoption.

Abstract

The objective of this final course project is to conduct research on adoptions in Brazil, investigating the factors that lead future parents to choose this act classified as illicit in the Brazilian legal system. It also intends to demonstrate the dangers faced by both the adoptive party and the adopted as a result of this situation and analyze the potential conversion of the illegal condition to legal, thus replacing the biological link through emotional ties. To begin, first the historical evolution of adoption and its changes over time were analyzed. It was necessary to approach adoption as a means of providing a child with a substitute family, as well as categorizing it according to its legal or extralegal nature. In short, we come to understand what concerns the subject of illicit adoption, also known as "Brazilian adoption", along with its potential reversion to a legitimate adoption. This is based on the concepts of affective relationships and judicial decisions previously consolidated by higher judicial bodies. The methodology used is based on a bibliographical review, focused on literature from authors with expertise in the subject. Furthermore, with the development of this work it was possible to verify that the family constitutes a group, whose format is seen today in a much more pluralistic way and its formation is not only linked to blood ties, or its recognition with to the State, but resides, above all, in the affection strengthened by coexistence between family members.

Author Biographies

Guilherme Costa Dias, Universidade Estadual do Tocantins – UNITINS

Acadêmico do curso de Direito da Universidade Estadual do Tocantins – UNITINS, Câmpus Dianópolis/TO. 

William Wilson de Carvalho, Universidade Estadual do Tocantins – UNTINS

Professor do curso de Direito da Universidade Estadual do Tocantins – UNTINS, Câmpus Dianópolis/TO.

Published

2024-06-18

How to Cite

Dias, G. C., & Carvalho, W. W. de. (2024). BRAZILIAN ADOPTION AND THE POSSIBILITY OF REVERSAL INTO LEGAL ADOPTION. Revista Ibero-Americana De Humanidades, Ciências E Educação, 10(6), 2986–3000. https://doi.org/10.51891/rease.v10i6.14601