RESPONSABILIDADE CIVIL DO ADOTANTE EM CASOS DE DESISTÊNCIA NO PROCESSO DE ADOÇÃO

Abstract

The present work has the objective of analyzing the possibility of the civil liability of the adopter regarding damages caused to the adopted, in cases of abandonment during the adoption process, as a possible way to raise awareness of those who intend to adopt. In this sense, in order to construct this paper, the topic of adoption in Brazil was addressed, pointing out the concept, the legal nature, and the guiding principles of adoption, the adoption process, addressing the stage of cohabitation, the provisional custody, and the irrevocability of adoption. Furthermore, civil liability and family law was examined, bringing the concept of civil liability, the difference between objective and subjective liability, and identifying the assumptions of civil liability in family relations. In order to verify the possible application of civil responsibility in the stages of the adoption process in cases of abandonment, the civil responsibility in the abandonment that occurred during the cohabitation stage and in the scope of provisional custody was analyzed, as well as the responsible party to plead a civil reparation action in these cases and concluded through a favorable jurisprudential analysis of these cases in order to bring a practical basis on the theme addressed, pointing out that there is the possibility of liability.