LATE ADOPTION IN BRAZIL: IMPACTS OF PROCEDURAL BUREAUCRACY ON THE RIGHT TO FAMILY LIFE AND THE BEST INTERESTS OF CHILDREN AND ADOLESCENTS

Abstract

This study analyzes the impacts of procedural bureaucracy on late adoption in Brazil, investigating how legal and administrative obstacles affect the right to family life under the principle of the best interests of the child and adolescent. The problem focuses on the confrontation between the remaining "biologism" in the judicial system, which excessively privileges blood ties, and the need for speed to avoid the phenomenon of "hospitalism" resulting from prolonged institutionalization. The general objective is to diagnose the obstacles that delay the termination of parental rights and to propose mechanisms for procedural optimization that guarantee full protection. Methodologically, the research is qualitative, exploratory, and descriptive, based on bibliographic and documentary research, including data from the National Adoption and Foster Care System (SNA) and guidelines from the National Council of Justice (CNJ). The results indicate that judicial delays and a lack of interdisciplinary teams transform temporary placement into prolonged "institutional incarceration," drastically reducing the chances of placement with foster families. It is concluded that streamlining bureaucracy, coupled with the use of technologies such as the Justice 4.0 Program and prioritizing socio-affective relationships over biological truth, is essential to ensure that the timeline of the process respects the timeline of child and adolescent development.