Clipping of news on Brazilian Culture, Law and Citizenship

Legal Articles


This article was translated by an automatic translation system, and was therefore not reviewed by people.


1. - The Adoption
What is adoption?
According to Fernando Freire: "adoption is the legal and emotional process by which a child becomes an adult or child of a couple. Additionally, is the means by which an adult or a couple of adults to become parents of a child created by other people. It is then made "child", by law and by love, a child who lost or never had the protection of those who created the ".
We can define the adoption and inclusion in a family environment, of form and the acquisition of the legal relationship of parenthood, according to the laws in force, a child whose parents died or are unknown, or not being the case, can not or unwilling to assume the performance of their parental duties, or by the competent authority is considered unworthy to do so.
This definition puts us well in view of the child, who defend it. There is concern to ensure the offspring to a family that has not, and want to continue the name or transfer an inheritance, as in the past, but rather to provide a favorable environment for the child's development.
The adoption is also affected by an alternative definition. The best, the general consensus. Yeah, return of the child who his biological family abandon, his right premise almost universally to living in a family that loved, recognized, educated, protected. It is undoubtedly a solution that in our society, offer the child the best conditions of safety and support necessary for its development.
It is, moreover, that this process is not always easy, causing problems for the family who adopts.
It is common to hear reports of children with conduct disorders, learning difficulties, conduct anti-social, sometimes drug abuse which has been explained by the fact of being adopted and may have inherited it from their family of origin (the fault is of other parents). It is never easy to live with children wrong, but it seems that in cases of adoption, this issue is even more scathing. What is unclear is that the fear of rejection (by both parties - parents and children) is enormous, thus trying to avoid the confrontation with the problem.
It also recalled that many families that they propose to adopt a child, do so because they are unable to procreate a child, or by trying to compensate with the child, lack any irreparable, such as death of another child, lack of personal project for one of spouses. (the woman in general, etc.).
Despite all the scientific developments of our time, some issues remain "forgotten" in scientific circles and are dealt with prejudice. The adoption is one of those, which, although a common practice in society since ancient times, remains hidden in silence, food myths and ghosts.
As I approach the adoptive affiliation is a legitimate affiliation with the same legal status of parenthood natural and social reality as much as psychological. The social organization is structured in part by which such links are always strictly defined, codified in any civilization. (VERNIER, 1988, 1992).
Speaking of adoption requires that talk before abandonment. This can be defined as the loss of the child's right to live within a family that loves, recognize, educate and protect, this right generally postulated (Marin, 1990).
The legal abandonment, which is not clearly defined in. ECA (Statute of the Child and Adolescent), ensures the desire of parents to not take the child (streamlining the process), providing at the same time, possibility to children to have the second best chance to build stable relationships that are vital to their development.
All the professionals, educators, psychologists and others, know the importance of a family and a home guard to develop a strong personality. So how can a child develop their individuality.
Given this need and valuation of the term "adopt", all are required to enable the project adoption.
1.1 - Adoption Today
While in classical adoption seeks to ensure the offspring for couples without children, adoption emphasizes the modern solution to the crisis of abandoned children, using the ground permit, "a family for a child who has not." (Pilotti, 1988, p.23).
According to the author, this approach is guided by three basic aspects, which are:
psychosocial aspects - emphasizes the importance of consideration of the characteristics and needs of actors of the process (the child, their biological and adoptive parents);
legal aspects - stresses the advantages of full adoption in relation to requirements, purpose and legal procedures involved;
institutional aspects and procedure - proposed as necessary to advise institutional and professional, multidisciplinary, as a guarantee to authors of the process that the procedures used to comply with all technical requirements and that the ethical demand. Notes, too, the many advantages offered by the centers or the adoption agencies, especially those concerning the protection of the interests and welfare of the adopted.
1.2 - Adoption in Brazil
The official report of the last 50 years still tragic. Although infant mortality has fallen by half, about 12.5 million small victims to be helped. In Brazil, there was substantial improvement, thanks to vaccination campaigns and the Statute for Children and Adolescents.
In the last 10 years, 2 million children have been killed and 4.5 million disabled, according to the report by UNICEF. Twelve million have lost their homes and over one million were orphaned or separated from parents. About 10 million, are psychologically traumatized, given the climate of constant war.
In our study could expand the story of tragic occurrences. However in deteremos only in our context.
See: grows in size and volume of supporters, even among lawyers, the idea canhesta to reduce the age of criminal responsibility from 18 to 16 years. The precept of criminal irresponsibility before the age of 18, which results before a premise that the criminal policy of scientific criteria has been adopted by most advanced criminal laws in the world. It was just proud of our penalties were located in substantive criminal law for more than half a century. Setbacks do not fit here, unless you want to impose on our children another cruel defeat in this war they move, without taking into account that the offender is less in the overwhelming majority of cases, products of high fault of the social environment where you live of negligence on the education of man in the period of their training. Those who, in the words of Nelson Hungary, "know no life but what she is suffering from deprivation, the cruelty and injustice." As a contemporary criminology, living in shack they were engineered to infect and belly famélicos with sinister collaboration alcohol, syphilis, tare inherited. This is indisputable. Why then lower the age of criminal responsibility if it is true that all educated people understand the need to protect and ensure the homeless children, the fruit shortage, malice and negligence of parents? Worth, say something mandar adolescents aged 16 years, which will focus on the practice a criminal offense, to our failed prison system, shed of monsters, where AIDS now infects about 20% of the inmates?
"The Child - back to say Nelson Hungary - is born and breathes an atmosphere of extreme poverty and who is constantly surrounded by corrupt examples of indirect provocation, when not free and dumped to the evil, which grows exclusively delivered to the inspiration of their own desires and whims, living, the more time away from parents, whom the conquest of bread requires to work outside the home, which form the very character of the witness daily scenes perverse and indecent, which creates brutalized, dirty body and soul, in homes overshadowed by shortages and where reigns the most shameless promiscuity, which is something you can expect it but who were exiled from your heart all the good feelings and moral? Secondly, the street is that, especially in poor neighborhoods, is vazadouro of all impurities, the show of all lewd. The temptations, the bad example, bad advice, the scenes of brutality, the Calaça the suggestions obscene, the dangerous friendships, the bad companies, and the premature grupelhos malandros, shows the pernicious, the movie with its up to moralism the veiled apology of crime, the readings mals, the houses of vice, it is acumplicia the right way to divert the child desvigiada. Calona Cuelo informs us, with his experience as a judge of Children in Barcelona Tuesday that two parties at least stem the crime of child derrancado and immoral way in which they live their protagonists. "
Reducing the age of criminal responsibility in these circumstances, nothing advanced. Early notice is, uselessness, and the momentum of indignation before an infringement committed by children under 14 years, it will fall again, the age of criminal responsibility.
What we should do is remove the child and adolescent congenital any inclination to evil, inherent in every human being. Form and preserve the future of man well. The State, who have the achievement of collective purposes, can not and should not yield itself to such design.
One way this is done is to provide, through a home worthy substitute families where the child can grow and develop physically and mentally. Ressumbra here the importance of the adoption of significant importance to the protection of our children and adolescents abandoned.
"We condemn everything that seems strange, and what we do not understand."
"One thing is arranged by idea. Another deal with parents of people, flesh and blood, and a thousand miseries ... So many people - is scared to know - and neither is quiet, all born, growing, if married, wanting to place of employment, food, health, richness, is important, and businesses wanting to rain. " Guimarães Rosa.
The institute legal adoption is controversial, and generally misunderstood. It is natural that since he is more connected to the heart to the brain. It says more for sentiment than reason.
In this part do not address the question of the law itself, therefore, treat the third party in a specific approach within our research on adoption.
However, some concepts within citaremos adoption of this approach in Brazil.
The paternity adoptive parenthood is not a second-class. Unlike overweighs in origin, the origin of biological, his highest level of self. Others say it will not be taken into account the broad evolution of family law, that the adoption foreshadows the future of fatherhood, for excellence rooted in the exercise of freedom. Only the adoptive parent is given the option of one day to repeat to their children what Christ said to his apostles: "Do not ye that chose me, but that was me you chose." Supreme expression of paternal autonomy that liberates, and it rewards those who can grow and express who can hear.
Vieira full: "The children love is by nature because they are children";
"The children by adoption, is because they love children."
It is plain, simple, without red tape and free, the process of adoption. For its humanitarian character is extremely gratifying for all those who participate.
Brazilians or foreigners may legally take any part of Brazil. I do not know, really, no, seriously against adoption, whether by foreign or Brazilian.
Without doubt, the legislative body, in this case is the State, through its powers, the judiciary has the enforcer of standards, issued by the legislative process governing the species. In any country is so organized. You can not act differently in Brazil. So child trafficking and adoption of the Brazilian crime is up.
Adopting the Brazilian is when a couple or a single person wish to register your adopted as their biological child. This is to register a child that was not generated as if it were biological child, known popularly as "the Brazilian adoption" is not a crime that never lapses. The only guarantee that your foster child is your child ever before the eyes of the law, it meets official, in the case. Rods of Childhood and Youth, to carry out the adoption.
But before the problem sometimes the solution to correct mistakes, such as settling an adoption made to Brazil. You should go to the Vara of Childhood and Youth nearest your home and request information.
It is important to make clear that there will always be complications with an adoption made the margins of the law. The registration based on false declaration may be annulled, and the action for annulment (which never requires) may be proposed by the prosecutor or any other party. Thus, imagine the case of an adopted child to the Brazilian, whose registration is canceled after ten or fifteen years (may be requested when there is injury to someone in succession, for example), the "parents" who died?
There is the possibility of settling the situation by starting the process of adoption by reason of death. So the record is canceled, and the lower (or even being of age) is replaced by unknown parentage, his past history with it, lived with the adoptive family is then cleared of civil registries, remains a child, adolescent or adult, with its own name, without affiliation or name.
The major problem of the child in Brazil is not resolved or is slowed with laws or laws of laudatory speeches, but political will and resources, many resources. Only they, in short term, may reduce the suffering of the child, suffering will be eradicated when its causes are attacked. Such resources, it is not currently available.
Since the Paraná overall attendance policy of the Child and Adolescent via international adoption, through judicial body, namely the "CEJA" (The State Judicial Commission of Adoption), the use of the institute can not turn into sporadic act , isolated or lonely, or a judge. This will break the processing unit which aims to print this kind of family placement.
It is imperative that this is well understood in regard to all rights of our children adotáveis, the protection of foreign spouses, who put safety of the judge who presides the process of international adoption.
It is distressing, in turn, verify the delivery of a child abroad amparável easily by a Brazilian couple. It is in this case, the printing of the collapse of a building with great sacrifice work, to ensure that prioritized the interests of the couple and the intermediate, amateur or not, always present in these cases, rather than less.
Which is fighting the commercialization of the institute by unscrupulous agents. This is shameful, immoral and illegal. Nothing justifies the institution of prostitution by the money. The adoption, however, is an act of love. Proof of availability of affection is to be stimulated, while the causes of the abandonment of children are not removed.
1.3 - social and psychological aspects of adoption.
Before it was read by the research we have done within the theme of adoption, we realize that the psychological and social aspects are intertwined and are dormant in the adoption institute. Mainly because there are still many prejudices against adoption, certainly if there were not many other children could be adopted with great benefit to them.
We observe points of similarities found in all cases of child adjustment, with family. Has highlighted the following:
a) face of social prejudice - the majority of parents (75%) reported situations where the prejudice encountered in relation to the practice of adoption and, more specifically, because of the adopted child is "already so great."
b) the need for preparation and monitoring in the specific case - the majority of parents reported as necessary in preparation for adoption, as well as specific guidance and monitoring during the probationary period of coexistence.
c) Efforts to identify the child with the new parental figures, showed a significant in imitation of the familiar pattern of behavior and seeking to establish significant ties;
d) the regressive, that is typical of earlier stages of development, which would not usually part of the repertoire of a child and more than was expected by the adoptive parents. We have examples of cases reported:
Ana - Ria invented to speak, not baby;
Neusa - "at the beginning (Luciana) wanted to suck me, she insisted that until you have a wood, and a month after she left";
Maura - Alice, suddenly, he shit in clothes.
e) Aggression - which appeared in some moments of the process, usually after the first phase of mutual enchantment;
f) Pattern of overall development of children is very fast compared to the standards considered normal.
The regressive behavior and aggression are widely referred to as the adjustment process.
When you leave home, Claudia became a man, the maid has already asked the account because of it. (March);
"Peter threw sand in the middle of the room, after it had been cleaned, cut with the robe of the stylus sister (Elza);
Found that adoptive parents need to be flexible to meet the needs most regressive at times least expected and at the same time firm and refractory enough to withstand children's retaliatory attacks, often directed at figures that have left, as pointed out by several authors .
When the child reaches in the new family environment, the satisfaction of their basic needs to rebuild her life from the new models, she quickly, can develop into later stages. Observed in all cases that did really well. It is a fundamental aspect in the development of the child who, at first, may seem obvious. The child was later taken to a certain extent, refractory links to, stating, however, with ease, superficial relationships.
Repisando the initial idea and ending the institution of adoption exists today as a result of the existence of the lower left. It is the barometer which marks the abandonment of the fever. Best would be that the fever did not exist, so that they could break the thermometer. Better, much better, would be that no child is abandoned not to think more of that matter.
While this does not occur, combat estultice adoption is so great as to break the thermometer does not see the fever.
2. Late adoption
The late adoption is the adoption of older children. It is considered that children who have greater ability to differentiate itself from the other and the world, ie the child is no longer a baby, which already has some independence in carrying out tasks such as: use the bathroom, personal hygiene, food, finally, tasks concerning the satisfaction of their basic needs.
The adoption is considered delayed when the child has to be taken over 2 years, however, might not exhibit behavior consistent with his age, that is not present on independence in the performance of tasks to the satisfaction of their needs basic, so wear diapers, do not walk alone, not talking, etc ..., ie, the characteristics of the adoption of adoption will not be late, will not aggressive or regressive behavior, for which the majority of children spend more.
The adaptation of a child to their new family does not depend on their age, but more of the conditions related to the process of adaptation to circumstances for which the process will be.
It requires a willingness of both the child and the adopters, or a genuine desire to form a new family.
Please note:
  The process of approximation of the child with the family:
The child must want to go live with the family, which in turn must have the desire to receive it.
The child is taken by the professionals responsible for operating its adoption for adopters, but to express their will, being active in the process of accepting those who are their parents.
  As the separation of the child's biological mother or family:
If the child was removed from the biological family's living by maltreatment, should be worked by qualified professionals who monitor the children and help solving problems in this traumatic situation.
If the child is still suffering the loss of links with the biological family is more vulnerable to problems of adaptation. There will be a barrier preventing the child to establish new ties affective, in fact adopting the new parents, these barriers may have to overcome, and now is with family, or even permanent.
Note: It is necessary that not only the family adopts the child, but especially the child adopts the family, so that the process of adoption was successful.
. Other figures to which the child has been attached, losses and separations before the process of adoption:
The more losses the child has more difficulties will rely on the other, which is a basic element for the establishment of emotional relationships.
If the child has been returned to the institution after a period of coexistence for adoption may have increased resistance to trust in the acceptance of another family.
Certainly their self image is damaged, because you feel guilty for dropouts, discards and discards.
The child may act strangely, it will need to test the limits of the adoptive parents, giving unacceptable conduct, rejecting expressions of love, attack, etc ... You can also show fear of tying up emotionally for fear of being abandoned again by the adopters. The work of the family to break these barriers may need a professional to maintain a standard of communication.
However, "In love there is fear. Before the perfect love casts out fear, .. "(1 Jn 4:28 A and B). There is no difficulty that love can not win.
. The time and conditions under which the child remained sheltered:
Generally, the greater the time a child spends in a shelter, may be the greatest risk of having difficulties in adapting family. However, the later is the institutionalization and the closer a home for the institution, the risks are lower. There are no stimuli in the institutions essential for the normal development of their potential, not learn the performance of the role of child, do not feel that is part of a group, performing all the functions of protection, care and relationship with others, therefore, need to a period of learning to play their adopted home.
2.1 - The Benefits of Increased Adoption of Children
There are cases of future adopters who prefer to adopt a child more, for fear that the adopted child (baby) presents an anomaly that is manifest later. In these cases smoothly accommodate a larger child, on which you can learn, the better the physical and mental health.
In other situations, people who are not so young, do not feel with enough energy to meet the requirements of a baby, opting for older children.
There are also couples, adolescents or adults with children who have need of a child, and has emotional availability to have another child, but find it difficult to start over with a new baby.
One motivation is a rewarding experience to build a family relationship with children in these conditions. In the cultural aspect of learning speed, change of attitudes, improvement of their understanding, and accelerated learning school.
Another facet is the gratitude and demonstration can take in the name of "parents", even before completing the legal procedures.
Live step by step the process of adaptation to conditions that are occurring, the love that is being awakened, the relationship of conquest in which parents transmit to children their own lives, their knowledge, their characteristics and history.
Several other reasons could be presented in support of adoption of children present a more fundamental: "while the expectation of adopting a newborn, is an illusion that hopes to achieve, if a child is a greater reality that awaits be achieved .
  2.2 - The difficulties that can arise
The shortages experienced before integrating the new family can occur in certain problems.
We mention the most common, and of guidance, most are overcome with love and understanding.
. Regression to previous stages:
There may be regression of the child the previous stages of their development. This dealt with naturally evolving rapidly. The child may bring a need for "back" and rebuild his career, going back step by trying new patterns of development offered by new parents.
. Become accustomed to the freedom of choice
The child needs time to learn the practice of freedom to choose their clothes, have their opinion, their identity, etc.. Institution in the clothing tends to be equal for all, the more uniform for the clothes, the faster the management of clothing. Their identity as individuals is developed not only because it has only concept of mass.
It is important at the stage of adjustment it has physical contact with the mother, who is dressed for this, so you can develop greater identification with the mother / family from patterns supplied and clothing is important to establish "harmony."
The child mind
- The lies fantasy: to overcome that lived experiences, she wonders how the overtime account, or horrors tremendous and the states with it was real.
We must remember that their past was sad and insecure, then to escape from reality, making the situation more acceptable, than the lived reality that can survive emotionally.
As the meeting with the new family is becoming something engaging, forget the drama that has to escape the problems.
- The lies because of fear:
If the environment prior to meeting the physical punishment was something common, appear to lie with an instinctive defense, I do not know well that their new parents.
It will be necessary for the child learn to recognize their errors and mistakes, the importance of trust in the other, and that truth must always prevail.
It is a mistake to draw the children of "liar" because she can take this profile, since it is encountering difficulties to overcome this situation, may well take this negative mark on your character.
The children fight:
Another difficulty presented is the child who beats and abuses other children. Perhaps the only way to learn that relationship, suffering aggression from adults or older children.
A medium that can be used for some time to isolate the "little fighter", so that it will learn the lesson.
As the relationship is deepening, the child will lose the aggression, learn new ways of living with respect, dialogue, in which differences are resolved talking.
The child is not within the school:
Some children may have difficulties to start school.
If the child was hospitalized in an institution, this situation can bring memories that keep restless, aggressive with people she considers to be left in this situation.
Realize that the situation is different, which leads parents to seek and that the transitional period is, to learn new things, feel more adapted to this situation.
The teacher is the key that will provide an environment different from that experienced by the child.
The teacher must be aware that is not faced with a child so bad and scared.
Another difficulty arises because the child does not submit any discipline, and it is difficult to assimilate this school standards.
We must act with firmness and understanding, seeking gain their interest reaching the expected results.
The process of socialization in early education is more important than teaching. That should be aware parents and teachers.
The child wets the bed:
The enuresis in children, most often, is emotional. It can occur in any adopted child or not.
May be caused by family conflicts, situations that affect the child emotionally. This behavior is not resolved by the reprimand.
Parents must be convinced that not only depends on the child stop wetting the bed and repress it, the fact become increasingly frequent.
Usually, this occurs when there are feelings that bother, making it as an "escape valve". It is important to discover the source of the problem.
If repetition of such situations requires a specialized query to exclude the existence of a pathological cause, and seek appropriate guidance.
It is very important the attitude of the family group, parents should not feel attacked or threatened to tell others. The child will report the inconvenience this entails, besides the discomfort of wet agree, have to take a bath, talking with parents, etc ...
There are no pre-established formulas or advice applicable in all cases, therefore, parents and adopters need to get the best technical solutions, aided by the experience and knowledge available.
It is important to monitor a professional, pediatrician, psychologist, teacher (according to the nature of the problem) that will be of great value, especially for the guidance that can give parents.
Note: It is essential to teach children biblical principles, show her that we are all adopted sons of the Father, He welcomes us as children through the sacrifice of Jesus on the Cross of Calvary. Well, through the Blood of the Lamb are the sons of God through faith, not by works, so that no one should boast. In the Bible she find rest and shelter, receive healing for their traumas and memories of the past. Offer forgiveness to those that left, you receive Jesus in your heart, therefore, the complete liberation and become empowered to live in this new family that is a gift of God for it, and enjoy this blessing.
"Every child will grow in line with the image that others have it.
2.3 - The monitoring arrangement in late adoption.
This period is called a stage of coexistence requires a technical monitoring specific to the family, because it is permeated by a period and is characterized painful ruptures of intense instability. According BRODZINSKY (1990), the idea that adoption is stressful contradicts several prevalent myths and stereotypes about this situation, which has been seen, typically as a solution to the stress of the company involving the three parties of the adoption triangle:
1) of the biological parents, who do not want or can not stay with the child.
2) The infertility or not having children by adoptive parents (add here, the desire to have other children) and
3) a state of insecurity and lack of home for the child to be adopted.
Monitoring the process of adoption must comply with all phases and will be a therapeutic solution to the crises that may manifest itself in this time of adoption. This process will develop according to each family and circumstances they are, which would imply a dynamic process that must respect the individuality of each family group, which require hard work of everyone involved.
The rules should be established and these must be clear and simple, and the manifestations of aggression should be the adopted son worked (channeled), this experience will help the growth of all its members.
"Love overcomes all difficulties, overcomes all barriers."
Pr Oscar Oliveira - Penápolis
In Brazilian law, before 1916, the laws on adoption had not been systematized, with many provisions on the subject, as: Ordinations, Book II, Title 35, Laws Civil consolidations of Teixeira de Freitas, art. 217. A New Consolidation of Civil Laws, by Carlos de Carvalho in the arts. 1635 and 1640, verses on the subject, without, however, deepens it. The Civil Code of 1916 the Office of discipline in the arts adoption. 368 to 378, which has changed in view of expiry of Act no. 3133 of 08.05.1957. In 1965 came the Law no. 4655, from 02 June through which it sought to treat almost entirely used to the legitimate child. This law lasted until the adoption of the Code of Minors of 1979, Law no. 6697, 10 October, which extinguished the adoptive legitimation and passed to accept, for minors, adoption of two ways: a simple and full. Recently came to Law no. 8069 of 13.07.1990 - The Statute of the Child and Adolescent - which dealt exclusively with the adoption, in its Chapter III, Section III, Subsection IV, arts. 39 to 52, as a way of putting in a substitute family, to the satisfaction of the right of children and adolescents living with family and community.
Today, the Brazilian law, there are two forms of adoption. The adoption of more than 18 years continues to be governed by Civil Code and the age of 18 comply with the rules of the Statute of Children and Adolescents.
The E.C.A. ensures that all children and adolescents are entitled to be raised and educated within their natural family (community formed by parents or any of them and their descendants) and, exceptionally, in a substitute family (art. 19).
The placing on family replacement must be made through custody, guardianship or adoption. May only be placed in substitute family the child or adolescent who are totally unable to be created within the natural family.
According to the ECA, are requirements for adoption:
1. the adopted must be at most 18 years of age at the time of the request unless it is already in custody or guardianship of the adopters (art. 40);
2. the difference in age between the adopter and the child to be adopted should exceed 16 years;
3. parents or the legal representative of the adopted must consent directly, unless unknown or have been deprived of home power, banning is the consent by proxy;
4. stage of interaction with the child or adolescent, for a period to be determined by judicial authority;
5. will only be accepted when it presents real advantages to adopting and is based on legitimate grounds (art. 43);
The child has the surname of the adoptive parents. The change of the first_name not only depends on the application of the adopters. Should carefully evaluate this request for change, its relevance and consequences for the child if it already is recognized by current first_name. This care takes into account the importance of the history of the child, should not be neglected or "erased."
Through the adoption gives the condition of the adopted child with the same rights and obligations, including inheritance, disconnecting it from any link with parents and relatives, except for marital impediments.
The death of the adopter can not restore the home of natural parents. The laws of succession between the adopted, their descendants, the adopter, his ascendants, descendants and collateral goes to the fourth degree is reciprocal and must be observed the order of hereditary vocation.
In adoption, is drawn up a new Certificate of Birth of child in which the adoptive parents and biological parents are. The judicial process will be terminated and adopted the original record will be canceled.
On the Status of Children and Adolescents may adopt:
                     Over 18;
                     Single people and widows, regardless of sex;
                     The married or concubines can take together, provided that one is over 18 years and is proven to family stability;
                     One of the spouses or concubines may adopt a child from the other (unilateral adoption);
                     The divorced or legally separated may adopt jointly, since the stage of living with the child has been initiated during the marriage and are in agreement on the custody and visits;
                     The guardian or the guardian of the child or the adolescent, since closed and remove the administration of property;
                     The suitor who has died during the process of adoption (adoption posthumous);
                     The foreign non-resident in Brazil, which receives reports from the Enabling State Judicial Commission of Adoption (CEJA) of the State where you want to be entered.
In the case of late adoption when the adoption is more than 12 years of age will require your consent to the adoption becomes effective.
The adoption is irrevocable
In Brazil, the adoption there, mainly indifferent to the legal process. According to Costa (1988), the practice, called "Adoption of Brazil", occurred in 90% of adoptions that occurred in the country until 1988. The arguments for this practice were, in general, supported in excess of bureaucracy imposed by law until 1989.
"Adoption of Brazil" is to register a child as a natural child, without having it designed or created. This practice involves, in fact, three crimes:
- Delivery supposed;
- Delivery of a minor the person inidônea and
- Ideological falsehood.
Therefore, can be processed biological parents, illegitimate parents, and professionals and institutions that facilitated the registration of false labor.
The illegal registration of paternity is a crime subject to imprisonment from two to six years. Another consequence is the withdrawal of children living in the family that illegally registered.
People who illegally register a child in general not know that the biological mother is entitled to recover the child for ten years, if you do not have legally consented to the adoption, or have been removed to the home.
But the adoption of Brazilian "may also have other characters, it is widely used by gangs of child trafficking. Intermediaries induce mothers in conditions of economic misery to deliver their children, which are then sold to couples willing to make an illegal registry of paternity.
3.4 - UNDER - ACT 8069 - ART. 92
Shelters are institutions which receive children and adolescents who have lost their parents, orphans, unprotected, abandoned, victims of ill-treatment, psychological or sexual abuse or neglect. These, in technical jargon, are called children and adolescents "institutionalized."
The discretion of the judge, the child infringing (those who commit crime or criminal contravention) may also be referred to the shelter. Have the adolescent offender (12 to 18 years of age) should be sent to a boarding school, where he will be deprived of freedom. The judge may also use other measures of protection and socio-educational, without deprivation of liberty.
The exceptional measure and is under appeal before it, all efforts should be tempted to keep the child in the family and the community to ensure their basic social rights and to prevent abandonment.
Thus, when all efforts are exhausted, is given a temporary shelter until their parents or family members can recover the ability to protect or that the child is placed in substitute families. Therefore, the shelter should be considered as a provisional measure and an alternative to decent housing, where the minor may have a life similar to the daily family sphere.
It is the basis of shelters:
                     Preserve and strengthen the family ties of children and adolescents;
                     Integrating the child in substitute family when exhausted the resources to maintain the family of origin;
                     Meet the children to preserve their identities, considering them in their uniqueness and in small groups;
                     Develop activities of co-education (joint program with the coexistence between the two sexes and different ages);
                     Preserving the ties between brothers, avoiding adoptions causing them to collapse;
                     Avoid, where possible, the change of shelter;
                     Encourage and promote participation of children and adolescents in the life of the local community;
                     Prepare the child and adolescent to gradually shutting down under where he developed emotional relationships;
                     Encourage community participation in education of children and adolescents.
The entities must be registered under the Municipal Council of the Rights of the Child and Adolescent (CMDCA).
3.5 - How to proceed when SE decided to adopt
1) Search the forum for your city, equipped with personal documents, proof of address and sign up as a pretender to the adoption;
To attend interviews with the technical team (assistant
2) social and psychological) of the beams of Children and Youth. This time the candidate presents his expectations for the child to be adopted and the characteristics you want for it and receive guidance;
3) Wait a court order, which if approved will be able to adopt and enter in the register of suitors;
4) The psychosocial study will be issued with the registration of children sheltered in that district, the applicant will be notified of the result and called for further interview, while it is the order of registration. Is this opportunity, all the information about the child whose profile is closer than was requested. The order of entry of suitors to the adoption is considered, but not decisive. Search is the greatest possible compatibility between the desired profile of the child and family best;
5) If you agree with the child may be given to her, in the beam or in the shelter, as judicial determination. From that moment, making a child's condition often requires a gradual approach, you can keep it under provisional custody;
6) will be kept on guard by provisional deadline set by the judge, and that at the end of it, will the decision of adoption. This period will be monitored by professionals through periodic interviews;
7) The award will be the judge of the Court of Childhood and Youth, after hearing the prosecutor. The monitoring done by the technicians of the child in their new home results in a finding that the decision of the judge, which could be favorable or not to grant the adoption.
Note: As the chart above we noticed that children from 0 to 2 are preferred in the process of adoption. As the age of children increases, decreases the number of suitors, to the point of having a reversal in the chart.
After studying and analyzing the positions in respect of Late Adoption observed that much prejudice in relation to Adoption and the Adoption Late mainly due to difficulties encountered in the period of adjustment; situations which the children faced so far, and rejections trauma, finally, emotional and social aspects involving this issue. However, there are advantages that can not be ignored, as the ability to restore and restructure the child giving the conditions to be loved, cared for, taught, supported, etc ..., not to mention the wonderful and rewarding opportunity to be the channel to restore this life.
This process is fully supported and guaranteed by law, and also the collaboration of qualified professionals that will certainly help during the adjustment period of two parts (the adopted child and the family adopter).
We note that actually the largest cause of bias is the lack of love and awakening to this reality we live today.
We conclude that adoption is certainly love.

VARGAS, Marlizete Maldonado. Late adoption of the Family-Family Possível.1 dream, ed. São Paulo: Casa do Psychologist, 1998, 161p.
SOUTO, Marly Aparecida Garcia. Adoption Adopting a poet of the Poesia.1 ed.São Paulo: Edicon, 1996.
CeCIF Organização.101 Questions & Answers on Adoção.1 ed. São Paulo: CeCIF, 2001, 126p.
FREIRE, Fernando. Abandonment and Adoption. 1st ed. Curitiba: Terre des hommes, 1994, 337p.
Text of Moacir Guimaraes-Law on Children and Adolescents.

This article was translated by an automatic translation system, and was therefore not reviewed by people.

The JurisWay site does not interfere in the work provided by doctrine, why only reflect the opinions, ideas and concepts of their authors.

  Subjects list
  Copyright (c) 2006-2009. JurisWay - All rights reserved.