A (im)possibilidade da desconstituição da adoção no Brasil: uma análise da responsabilidade civil frente à proteção do Princípio da prioridade absoluta da criança e do adolescente.

Abstract

The present scientific article is dedicated to the reaffirmation that it is not possible to deconstitute an adoption after it has become final and unappealable, given the increase, in recent years, of "returns" of adopted children and adolescents to foster care institutions. In this sense, we discuss the existing loopholes in the procedure for the qualification of adopters in the National Adoption and Fostering System, as well as the exclusionary criteria for the choice of the profiles of children and adolescents who will be adopted, which give rise to the failure of the adoption process. Above all, the possibility of a dialogue between Family Law and Civil Responsibility is discussed, as a way of discouraging practices of this nature, in respect to the Principle of Absolute Priority of the Child and Adolescent, inaugurated from the Federal Constitution of 1988 (BRASIL, 1988), with subsequent examination of the Special Appeal nº 1.698-728 - MS.