A preponderância da família natural como um óbice para adoção e violação ao princípio do melhor interesse da criança e do adolescente

Abstract

This research proposes to analyze whether compliance with the legal command of the Child and Adolescent Statute (BRASIL, 1990), amended by Law n. 12,010 (BRASIL, 2009), which determines the prevalence of the natural family and the exhaustion of attempts to maintain or reintegrate the child and/or adolescent with this family entity, hinders the implementation of adoptions, collides with the principle of the best interest of the child and, consequently, violates children's fundamental rights. In view of this, it is intended to analyze the understanding of scholars through the literature on the subject, the legal provisions that determine the order of family preference, the collection of data and statistics and some judicial decisions regarding the subject. The hypothesis raised is that the strict fulfillment of the order that privileges the natural family, if not considered with the principle of the best interests of the child, generates damages to the infants, limiting them to be inserted in a substitute family through the adoption and enjoy their fundamental rights.