Adoção à brasileira x adoção intuitu personae: disparidades entre o crime e a legalidade

Abstract

The article consists of an academic research based on the Statute of the Child and Adolescent’s principles and on the history of adoption in Brazil, which distinguish the adoption at brazilian way, foreseen in the penal code, and the intuitu personae adoption, form in which the mother delivers her child to a stranger by choice. The research aims to understand the reason why the adoption at brazilian way is a crime and the intuitu personae adoption is legal. Therefore, considering the goal of the article, it adopted the dialectical research method, using the exploratory and bibliographic research, focused on secondary sources. It is noted that adoption at brazilian way is a crime because it frauds the public record, erasing the historicity of the children adopted and exposing them to moral and physical damage since the adoptees are not regulated by the National Adoption System. On the other hand, intuitu personae adoption is not a crime, once the adoptee goes to the authorities to regulate the adoption later. Either way, the consequences are the same, since the jurisprudence is accepting some cases at the expense of the Best Interests Principle and the Integral Protection Theory.