Braço do Norte
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Monografia Acesso embargado (Im) Possibilidade de responsabilidade civil de adotantes em casos de devolução imotivada no estágio de convivência(2020) Silva, Tainá dos Santos daThis research intends to offer an approach of the (im) possibility of civil liability of adopters, in cases of unmotivated devolution in the coexistence stage. The percussive method of this work used the qualitative approach, to try to understand the appropriateness of moral damage, in relation to the existing principles and values. With the intention of giving a broader and more explicit explanation on the theme, this work is seen as exploratory, using already published contents for a more consistent theoretical basis. The bibliographical and documentary review, based on theoretical, doctrinal and jurisprudence studies, were essential factors for data collection. To understand the antisocial attitudes of some adopted children and adolescents, the thinking that Winnicotti devoted to the topic of adoption was used. Adoption is an irrevocable act. not subject to regrets to the adopters, which was also worth analyzing the existing rights in the Statute of the Child and Adolescent. and those that regulate the Federal Constitution of 1988, regarding the fundamental rights of children or adolescents. Presenting the history of adoption and its evolution within the legal system, addressing their legal rights, was also part of this monograph. However, the central theme of this work was to question the possibility of civil liability for psychological damage caused to minors by an abruptly interrupted adoption. From this perspective, it is concluded that the results obtained pointed out that, there is, the possibility of indemnity for the return of the minor adopted under the institutional shelter.