Análise do instituto da adoção tardia: dificuldades enfrentadas e formas de incentivo

Abstract

The present work aims to discuss about late adoption, explaining in depth its concept and the main obstacles encountered for its implementation. Nevertheless, it seeks to analyze the importance of the encouragement of this institute, to verify the forms of stimulation conducted by the Judiciary and by other extrajudicial means, which aim to provide a home for children and teenagers who have already exceeded a certain age and who have not yet managed to be placed in a substitute family. To do so, an approach is initially conducted regarding adoption in general, to explain what it consists of, when it is used and what is its procedure. Afterwards, an analysis is made from a legal perspective, to verify the forms of protection of children and teenagers that are ensured by the Brazilian legal system. In this sense, in observance of the hierarchical order of norms, the study begins with the constitutional text and then moves on to the infra-constitutional laws. In addition, with the objective of highlighting the main obstacles faced, data from the National Adoption and Fostering System (SNA) are investigated, which denote the obstacles for the implementation of late adoption. Moreover, it is discussed the difficulty of the stages of coexistence, in view of the adversities in the creation of bonds of affinity. Finally, a study is conducted, from a psychological and social point of view, with the objective of identifying the reasons that make the stimulus to late adoption so necessary, as well as evaluating the existing judicial and extrajudicial forms of incentive