Análise jurídica sobre adoção de crianças refugiadas no Brasil

Abstract

The present monograph has as its object of study the adoption of refugee children in Brazil. Considering the arrival of thousands of children in refugee conditions, who are or remain unaccompanied, whether due to the death of their parents, having been lost on the way, abandonment or other causes, topics are opened for discussion, such as the possibility of adoption. Thus, through bibliographical research, of a quantitative and qualitative nature and logical-deductive method, it is intended to initially analyze the international and national norms regarding the protection of the refugee in Brazil, in general, as well as the norms governing childhood and adoption. Considering the existing normative diplomas on the subject, the circumstances in which the adoption of children who are refugees in Brazil can occur, which type of adoption is applied to them, the possibility of preference for national adoption over international adoption, although they are foreign children, and the effects on the refugee child's nationality after adoption. It is concluded that, although not recommended, the adoption of refugee children is possible, as long as the necessary requirements are met. Furthermore, the adoption procedure can occur in the same way as the adoption of a brazilian child, including the preference for the adoption to be national. Finally, regarding nationality, it is clear that the legal system provides that foreign children adopted would be naturalized and would not receive Brazilian nationality, which goes against what the constitution establishes regarding equality between children.