Devolução de crianças e adolescentes durante o estágio de convivência: análise da responsabilidade civil aos adotantes desistentes à luz do direito brasileiro

Abstract

This study aims to analyze the civil liability of adoptive parents who abandon the adoption process during the cohabitation stage, examining the emotional and legal impacts of this rupture. Using a qualitative and exploratory approach, bibliographic and documentary research was conducted, including doctrine, legislation, and jurisprudence. The results show that returning a child causes significant psychological damage, constituting a violation of the principles of comprehensive protection and the best interests of the child. Thus, it was found that the courts have recognized the duty to compensate, applying strict civil liability. Therefore, it is concluded that accountability is essential to ensure legal certainty and protect the dignity of the adoptee.