A responsabilidade civil decorrente da desistência da adoção

Abstract

There has been a need to analyze the civil liability arising from the immaterial damages generated by the increasing number of cases of child/adolescent return after the adoption process has been completed or in the course of that process. In order to do so, the present study used the analysis of the role of adoption in society and contemporary law, in addition to understanding the constitutional principles that affect family law and the rights and guarantees that protect the child and the adolescent. Also, it was indispensable to study the institute of civil responsibility and the understanding of the requirements that constitute the duty to indemnify the moral damages suffered by children and adolescents. The present study attempted, through bibliographic research, to demonstrate the procedural and psychosocial aspects that provoke or contribute to the abandonment of adoption. In addition to the analysis of the doctrinal studies, this paper also sought to understand the recent judicial decisions that dealt with the subject, in order to conclude what are being traced by the Judiciary. Thus, it was possible to conclude that the duty to repair is due, but that each case must be analyzed according to its peculiarities.