O direito humano e fundamental à adoção: a “devolução” de crianças adotadas à luz da doutrina da proteção integral

Abstract

The present work deals with the issue of the return of adopted children, in the light of the integral protection, principle enshrined in the Statute of the Child and Adolescent, Law 8.069 / 1990. For this, the methodology of bibliographical and field research was used in the study, being guided by means of deductive logic reasoning, examining the considerations of doctrinators around the theme. The work provides a brief analysis of the evolution of the adoption institute, relating to fundamental and human rights, guaranteed by the Federal Constitution of 1988 and the Inter-American Committees on Human Rights. Because it is a subject not very discussed in the Brazilian doctrine and jurisprudence, the work brings the difference between the abandonment of the action in the period of coexistence and the "devolution" of the child that was adopted after the sentence res judicata. Finally the study makes an exposition about the child and the adolescent as subject of rights, considering that the adoption is a form of dignity of the human person. It is concluded from the present study that there is no need to talk about children being returned and that the Brazilian judiciary must be aware of this fact and not allow such situations to occur.