O (re)abandono de crianças no estágio de convivência: um olhar sobre os processos de adoção da 2ª Vara da Infância e Juventude da Capital - PE.

Abstract

The main purpose of this research is analyzing the return of children and adolescents by applicants, during the custodianship, from the perspective of the adoption procedure of the 2nd Children and Youth Court of Recife, in addition to verifying the damages caused to these children. The investigation was based on the hypothesis that these devolutions can cause existential damage to children, due to the abandonment they suffered, by frustrating their life project and their life in relationships. Over time, the institution of adoption has undergone important changes in the country, mainly since the Federal Constitution of 1988, with the recognition of children and adolescents as subjects of rights, in development. Currently, adoption can be defined as an exceptional and irrevocable act, focused on the needs of children and adolescents, to provide them a healthy family environment, where they can grow and develop in all respects. It creates a bond of affiliation between the child and the adopter, based on emotional ties. And to achieve this intention, there are a series of legal procedures that need to be followed, such as the evaluation and preparation of applicants. The chances of adoption failure decrease with the preparation of adopters. In Brazil, return to the shelter during the custodianship is common, causing psychological and legal effects on the child's life, due to the new abandonment. At the children and youth court in Recife, where adoptions are processed, the custodianship begins with the child custody for adoption purposes, granted during the trial. The study also examines the reasons for these devolutions, the role of the State, civil liability as one of the resulting effects, and the act of returning the child as an abuse of rights. At the end, it presents a case study, chosen from field research carried out through adoption trials.