Intuitu personae adoption acoording to the principle of the best interests of children and adolescents

Abstract

The practice of intuitu personae  adoption seeks to keep the child or adolescent with the family they already know and have already established bonds. Thus, this article raises the following question: to what extent does the flexibility of the national adoption register due to the adoption institute intuitu personae guarantee the best interest of children and adolescents? Hence, we search as a general objective to analyze among the constitutional and infraconstitutional texts as well as the constitutional principles, the consequences of the flexibility of the said national adoption register as a result of the intuitu personae adoption. We also present as specific keys concepts, fundamental principles and the historical evolution of the adoption. This research is delimited in the Federal Constitution, Brazilian civil legislation and family law. The research technique used was the qualitative documentary with analysis of Brazilian law theory, legislation and case-laws. We used dialectic research method which application was given by the observation of the current factual situation, analyzing the contradictions that transcend bringing new contradictions which we work to provide possible answer. We conclude that the type of adoption intuitu personae, is not a form of evade much less to disrespect the National Adoption Register, on the contrary, it is a way to accelerate the legalization of the adoption of a child who already is under the care of one determined family and with them have already created bonds of love, fondness and affection ensuring the principle of the best interest of the child or adolescent.