A ADOÇÃO E O PRINCÍPIO DA AFETIVIDADE: REFLEXOS JURÍDICOS NO DIREITO CONTEMPORÂNEO

Abstract

This work addresses the socio-affective adoption and the importance of affectivity in family relationships, as well as its influence on family law. In ancient times, families were formed with the marriage between man and woman, having as a parameter for their formation the property of the spouses, and the religion they worshiped, however over time, with the behavioral evolution of the being human, as well as the evolution of society in general, this reality was being modified. Families that were formed on the basis of titles that guaranteed them to be a family of "powers" before society, began to be formed by other principles, such as affection, which is now considered as the foundation of the family, directly influencing the family law, and since its legal recognition, making consanguinity no longer the main requirement for affiliation. The evolution of the family context has become historical, being studied until the present day, because with this evolution, the most varied forms of family emerged, with marriage between a man and a woman not being the only form of family formation, there are currently several types of family entity, for example: marriage, stable union, single-parent family and atc. It is important to highlight that the evolution and modernization of family relations was not only present in society itself, but also in the legislative text, which since the Federal Constitution of 1988 and with the advent of the Civil Code of 2002 representativeness expressed in its norms. With the present work as the main point of socio-affective adoption, it will be addressed how the recognition of affectivity as a primary factor in family relationships occurred, as well as in the understanding of its applicability and effectiveness, and also the various gaps that still exist in the legislative texts, and consequently a deficiency in the Brazilian standard, making the law faulty and with a lengthy process, since in practice, the bureaucracy faced by those who intend to adopt is enormous and difficult, sometimes resulting in the giving up of what they seek to adopt, generating questioning how far do the interests of those who intend to adopt prevail over the interests of the biological parents who resurrect and resolve that they actually want to raise their children? How much is it assumed to be best for the adopter to stay at home together with his blood family? Hence the importance of studying affectivity, and beyond recognition, its effective application in family relationships in order to guarantee and obtain fairer and truly effective results for the interested parties. In order to achieve the expected result in the present study, the research was carried out by means of a qualitative approach and deductive methods, performing bibliographic research and the Federal Constitution, the Civil Code of 2002, and the texts of the Civil Code of 1916, in order to compare it with the current legislation. After conducting the research on the aforementioned themes, it is concluded that affection was received by the CF/88, although in a more "shy" way, as there was no express manifestation and its text, however, later, it became expressly recognized with the advent of the Civil Code of 2002, now having a legal provision, and directly influencing family law, especially in the adoption processes, which has been causing direct and significant effects to the high demand problems of the institutes that provide for those who need a home to call yours and a family to call yours.