A adoção avoenga frente ao princípio do melhor interesse da criança e do adolescente

Abstract

The present research talks about the evolution of the adoption institute and specifically analyzes the prohibition of adoption by ascendants existing in the Brazilian legal system, brought by article 42, §1 of the Statute of Children and Adolescents (Law number 8.069/1990), in face of recent decisions from the Superior Court of Justice, which understand that the adoption of grandchildren, actually, should be possible in certain cases. Therefore, it is questioned, as the main problem, which are the elements in the specific case that prevent the application of the law. So, the main objective of this paper is to defend that this type of adoption should be, at least, considered a possibility, showing that this modality would present itself as an alternative to recognize the social-affective filiation that already exists between the adopters and the adopted person without breaking their biological bond. So, this research can be considerered exploratoy in terms os its objective, having as a method of procedure the historicalevolutionary, and using, for this, bibliographical and documentary research, which took place mainly through the reading of doctrines, scientific articles, expert reviews and updated national jurisprudence on the subject, concluding, finally, by the possibility of this type of adoption, provided that it is observed, in each concrete case, a real advantage to the adopted person, according with the principle of the best interest of the child and adolescent, never failing to consider, in any case, the discretion and the judicial decisionism.