O sistema brasileiro de adoção: configurações históricas e perspectivas contemporâneas

Abstract

This work analyzes the historical configurations and contemporary trends that constitute the Brazilian adoption system. Its general objective is to investigate the social processes that explain, in particular, the transformations in the normative-legal framework and in the institutional architecture related to adoption. Therefore, it starts from an interpretation that articulates State and Society. In this context, the notion of family appears in the development of the argument in view of the requests posed by the investigated object. Supported and attentive to the proposed objectives, it was necessary to present the following question: 'What are the historical configurations and contemporary perspectives of the Brazilian adoption system?'. In order to answer this question, a qualitative methodology was used in an academic literature review and documental analysis of an exploratory nature, with sources including general websites and articles that discuss the subject, but mainly from the legal sphere on the adoption law outlined in the Statute of Children and Adolescents (ECA). In view of what was exposed in the research, it is concluded that there are still issues with the adoption legislation in Brazil that need to be better researched. Issues such as the bureaucracy surrounding family disempowerment, the adoption of invisible minorities, the length of the waiting period, and the requirement for court hearings are just a few of the issues that continue to make the adoption process controversial. Even with a defined deadline, the analysis of adoption processes still imposes on judges a burden that the judiciary is not able to handle. With this, it is believed that the ongoing studies aimed at understanding the historical and social context of adoption in the Brazilian legal system will allow understanding everything related to adoption in the social and legal sphere, in particular the responsibility of the adults involved in the adoption with a view to guaranteeing the rights of children and adolescents provided for in current legislation.