THE (IM)POSSIBILITY OF UNDOING ADOPTION AFTER THE RES JUDICATA

Abstract

As a result of the growing number of adoptive parents who seek the judiciary to try to get rid of the adoption, it is necessary to understand whether or not there is a possibility of this withdrawal, and its respective legal consequences, even after the final judgment that makes the decision definitive. parent-filial link. The present research was based on fundamental principles that guarantee the well-being of children and adolescents, as well as analyzes of Laws, Statutes, Jurisprudence and concrete cases. The return of a child to the host institutions causes deep traumas, which can severely reflect on their future, for living with feelings of rejection and abandonment after being removed once again from a family in which they were already adapted. Thus, such suffering caused by these adoptive parents constitutes abuse of a very serious right, given that the insult of the infant has been trivialized. As a result, such abuses must be remedied through the charges necessary to repair this damage, so that infants are guaranteed absolute priority in the resolution of this conflict. In addition to the civil arguments, it is worth noting that it was essential to examine the debates that discuss the possibilities of criminal charges, where some already consider the “return” of the adopted as a crime.