ADOÇÃO E OS IMPACTOS DA DESISTÊNCIA: UMA PERSPECTIVA SOBRE A RESPONSABILIDADE CIVIL NA JURISPRUDÊNCIA ATUAL

Abstract

This monograph aims to analyze the possibility of civil liability in cases of withdrawal from the adoption process, with a special focus on the cohabitation stage. The research is justified by the growing concern in legal doctrine and case law regarding the psychological harm caused to children and adolescents as a result of abandonment, which may amount to a violation of principles such as human dignity, full protection, the best interests of the child, and affectivity. The methodology adopted was exploratory research, based on bibliographic reviews and analysis of current legislation, books, academic articles, and jurisprudence, particularly from courts in the Central-West region of Brazil, as well as decisions of the Superior Court of Justice. The sources were obtained through databases such as Google Scholar and the CAPES Portal. It was concluded that the civil liability of prospective adopters who withdraw from the adoption process during the cohabitation stage is exceptionally recognized, depending on the specific circumstances of the case, the duration of cohabitation, the psychological harm caused, and whether the withdrawal occurred abruptly and without justification. Provisional custody constitutes an objective unlawfulness, resulting in the obligation to compensate for moral damages in re ipsa. In cases where the adoption has already been finalized, civil liability becomes evident and may even constitute the crime of abandonment of a vulnerable person, pursuant to Article 133 of the Brazilian Penal Code.