THE HYPOTHESIS OF BRAZILIAN ADOPTION DUE TO THE PRINCIPLE OF FULL PROTECTION OF CHILDREN AND ADOLESCENTS: THE POSSIBLE MATERIAL ATYPICITY OF THE CRIME OF REGISTRATION IN THE NAME OF OTHERS IN BRAZIL

Abstract

This article is part of the theme of Brazilian adoption and aims to examine, specifically, how the possible material atypicality of the crime of registration in someone else's name impacts the treatment of cases related to this practice, bearing in mind that it must be the best interests of the child or adolescent prevail. The article's general objective is to analyze the practice of Brazilian adoption in Brazil, highlighting its legal and social implications, investigating the reasons behind this act and examining how Brazilian legislation addresses cases of registration in another person's name, as well as, the reasons that make it legal, as well as the specific objective of evaluating the legal and social consequences for children adopted in the Brazilian style; examine how the atypicality of the crime of registration in the name of another is justified or contested from a legal and ethical perspective, and investigate the effects of the atypicality of the crime of registration in the name of another on Brazilian jurisprudence and the interpretation of laws. This research is divided into three chapters, which explore legal and ethical aspects that lead to this practice. The first chapter presents the perspective of the family in accordance with the Federal Constitution, as well as the family as the basis of society, the principles that guide family law and the prevalence of the best interests of the child or adolescent in resolving family conflicts. The second chapter addresses the legislative treatment of adoption in Brazil, the conceptualization of Brazilian adoption and adoption from the perspective of art. 242 of the Penal Code. In the third chapter, the research ends by addressing the treatment of Brazilian adoption in the courts and proposals for regularizing the situation. As for the methodology, the results of this research were achieved through the use of research based on published articles, context, doctrines and jurisprudence, with the objective of exploratory research, using the methodology of content analysis and bibliographic research.