A adoção no Brasil e suas alterações com as leis 12.010/09 e 13.509/2017: os processos e as problemáticas

Abstract

Adoption is an institute that has always been present in society. In the past, it was used as a way to guarantee the perpetuation of the family to people without children, something very relevant in the religious culture of cultivating the dead. Thus, each region had its differences in adoption, according to the local culture. As for Brazil, the problem with street children, abandoned by their parents or orphans, marginalized and unprotected, was evident. In order to reduce the number of children on the streets, the exposed circle was created, where mothers could leave their children in the care of the churches, without being identified. Over the years, several laws have arisen, each one in its own time, with an improvement in relation to adoption in each new law. In this way, we seek to conceptualize general terms and reflect on theory and practice, especially in the current reality, analyzing recent legal aspects, through bibliographies, articles, books, dissertations, and jurisprudence, along with problems that are also recent and appear with social and cultural changes, investigating the best interests of the child and adolescent as the main point of adoption. Therefore, the study shows the importance of ensuring the best interests of the child, regardless of what is changed, this being the main focus of the institute. Keywords: The Institute of Adoption. Children and Adolescents' Rights. Minor's Best Interest. The Adoption in Brazil