ADOÇÃO DE CRIANÇA ESTRANGEIRA POR PAIS BRASILEIROS: A GARANTIA DA NACIONALIDADE BRASILEIRA AOS FILHOS ADOTIVOS NASCIDOS NO EXTERIOR

Abstract

The scope of the present work deals with the nationality of foreign children in Brazilian territory through the analysis of the constitutionality of the legislation for the attribution of only temporary naturalization. It proposes to analyze the issue of non-attribution of nationality through the approach of Fundamental Human Rights and the Federal Constitution of 1988, interpreting such provisions to question the gap existing in the face of the guarantee of the principle of non-differentiation between adopted and biological children provided for in Brazilian Civil Law. Furthermore, it seeks to identify the normative assumptions of the Hague Convention on adoption, especially concerning the recognition of a foreign judgment and the attribution of nationality. It still intends to question the need for a better application of the superior right to the well being of the child, which confronts the specific role, of nationality, present in the Federal Constitution, which does not cover those foreign adopted. A bibliographic, qualitative study was developed, more specifically a study of legal provisions and Brazilian doctrines, to deepen the situation of foreign adoptees in Brazil and to understand the phenomena of their legal situation. Thus, the work also points out that it is necessary to change a situation that is no longer so unknown, as in ancient times, to make this fundamental right sure and infallible.