A devolução de crianças e adolescentes no procedimento de adoção tardia: consequências jurídicas no âmbito da responsabilidade civil

Abstract

It is essential that all children be placed within a family. However, the preferred age for adoption does not correspond to the majority of children available in foster care institutions in Brazil. Development without a parental bond is already a difficult reality, but it worsens when the bond is created and broken several times. Many children and adolescents who go through the adoption process face difficulties in returning to the shelter when they encounter the lack of preparation of prospective adoptive parents. The psychological damage caused during a phase of development of their own identity leads these children and adolescents to feel rejected. Faced with the legislative gap in relation to punitive measures for those who opt for non-adoption, the present work sought to analyze the possibility of applying civil liability for compensation for moral damages, in order to support children and adolescents who return to foster care institutions. To fulfill the objective, the historical aspect of the adoption is analyzed, as well as the functionality of the institutions until the judgments of cases in which the adopters opt for the return.