A evolução dos sistemas de adoção no Brasil e na França à luz do Princípio do melhor interesse da criança

Abstract

For a long period of time, adoption was characterized by individual and financial interests. Only throughout the 20th century it was gradually recognized as an exceptional measure of child protection, in line with the new contours of the Principle of the Best Interests of the Child. In Brazil, this process was encompassed by the 1988 Federal Constitution, the 1990 Child and Adolescent Statute, and Law No. 12.010/09. In France, the reforms introduced by Laws No. 2005-744, No. 2016-297 and No. 2022-219 stood out. Despite the institution's advances, there are challenges to be overcome in both legal systems. In Brazil, many children and adolescents do not receive adequate care. They also remain institutionalized for long periods because they do not fit the profile idealized by most adopters. In France, even after the reform of the child protection system by Law No. 2022-219, the foster care system is the target of serious criticism regarding its representativeness and allegations of irregularities and abuse. This research seeks to analyze how the Principle of the Best Interests of the Child is present in the adoption systems of Brazil and France, through a comparative legal approach based on bibliographic, statistical and documentary review. Finally, the discrepancy between legal provisions and practice is highlighted as an obstacle to the Principle of the Best Interests of the Child in both legal systems, as a result of historical remnants of treating childhood as an object of charity and subordinating it to the interests of adults.