Adoção à brasileira: implicações jurídicas e suas consequências legais.

Abstract

This undergraduate thesis focuses on the so-called "adoção à brasileira," an irregular and clandestine practice still recurrent in Brazil, which consists of the fraudulent civil registration of children as biological offspring, disregarding the legal procedures required by the Statute of the Child and Adolescent (ECA) and related legislation. The research aims to analyze the legal implications of this practice, its structural causes, its legal consequences, and viable alternatives for its prevention, in light of current doctrine, case law, and legislation. It starts from the premise that, although "adoção à brasileira" is often motivated by affective reasons and the intent to protect the child, it constitutes a criminal offense and violates both constitutional and infraconstitutional norms. This study seeks to critically reflect on the legal and social obstacles that contribute to the persistence of this practice. The methodology is based on a qualitative approach, including bibliographic and documentary research, analysis of laws, regulations, court decisions, official statistical data, as well as case studies and guidelines from the National Council of Justice (CNJ). The findings show that "adoção à brasileira" undermines the full protection of the child, weakens the legal security of family relations, and violates fundamental rights such as the right to identity and biological truth. The study concludes that effective public policies, institutional coordination, and awareness campaigns are necessary to reinforce the legality of adoption and discourage informal practices, always ensuring the best interests of the child.