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Intuitu personae adoption in the Brazilian law: an analisys pertaining to principles.

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Author(s):
Manuela Beatriz Gomes
Total Authors: 1
Document type: Master's Dissertation
Press: São Paulo.
Institution: Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD)
Defense date:
Examining board members:
Eduardo Tomasevicius Filho; Eduardo Dias de Souza Ferreira; Giselda Maria Fernandes Novaes Hironaka
Advisor: Eduardo Tomasevicius Filho
Abstract

The large number of children living in institutions in contemporary Brazil has been a constant that troubles society and requires an urgent solution from the State, whether from the social or legal assistance point of view. Analyzing how the Law is contributing to change this situation is the purpose of this paper. It returns to the origins of adoption and goes through the current overview of children and adolescents eligible to be adopted, as well as the desire of those people who want to adopt, passing through the guiding principles of the Estatuto da Criança e do Adolescente (Statute of the Child and Adolescent) and the full protection theory adopted by the Brazilian system to seek a legally possible solution. In this context, we try to find out if the intuitu personae adoption, which is not provided by the Estatuto da Criança e do Adolescente, is still feasible based on the rules and principles in force. The new concepts set forth by Law no. 12.010/2009, such as natural family, extended family and surrogate family, as well as the Register of Adopting Parents, are focal points of study for the conclusion of this Masters dissertation. (AU)

FAPESP's process: 11/04574-6 - Possibility of an Intuitu Personae adoption considering the changes the Estatuto da Criança e do Adolescente (Brazilian children act 1990) has undergone due to law n. 12.010/09
Grantee:Manuela Beatriz Gomes
Support Opportunities: Scholarships in Brazil - Master