Análise jurídica da adoção: a conta que não fecha

Abstract

Currently, at the Brazilian national adoption registration, called CNA, there are 9,722 children and adolescents available for adoption and 46,223 families waiting for the chance to adopt. Even though there are 5 (five) times more families wanting to adopt than children and adolescents able to be adopted, this count does not make sense. The incoherent way that the adoption system in Brazil has been operating makes it necessary to re-read the entire constitutional and legal proposal to regard the priority of the rights of children and adolescents, seeking effective solutions to change this reality. What is noticeable is that the State blames the adoptive profile of the postulants (young, white children, without health problems and who have no siblings) which does not match the reality of the kids who are registered. But the truth is that even the personal preference of adopters reveals state neglect, which omits its duty to provide contact between the postulants and children and teenagers, not allowing them to get attached and change their first profile preferences. Also, Brazilian legislation makes the process of destitution of family power extremely slow, involving numerous unjustified attempts to insert the teenagers and kids in their natural family. The lack of structure of the courts contributes to the slowness of this process, especially regarding the multidisciplinary teams, which even playing a fundamental role in the process of preparing postulants to new adoptive profiles, are composed of a small technical staff - disproportionate to the large amount of existing demands - which does not have the necessary professional variety. As a result of these failures, children and teenagers lose precious time, both for attempts to reintegrate biological family and for the slowness caused by the lack of structure of the courts. After all this time waiting, these kids get older and join the group of those who, either because of health problems, having siblings or are already older, do not arouse the interest of the foster parents. Then they have to spend the rest of their childhood without a family since the prohibitions on contact with postulants annihilate their chances of attracting them. This is a vicious cycle, which will only end when the State invests in courts and makes legislative changes, removing from the legal text all signs of attachment to biology and excessive rigor to the list of adoption.