Adoção no Brasil: uma análise da legislação

Abstract

The present research aims to analyze the changes suffered in the Brazilian adoption legislation. The research covers since the first legislation in Brazil, which is the Law for the Disinherited Children of Luck, in 1926, until the enactment of Law 13.509/2017. The text highlights the Law 12.010/09, entitled New Adoption Law, addressing its changes. The data from the new online panel of the National Adoption and Reception System (SNA, in Portuguese), implemented nationwide in 2019, show that the number of children and adolescents sheltered in foster care in Brazil is high. Based on these data, and through a review of materials and documents already published on this topic, this article seeks to expose the journey that adoption legislation has taken in Brazil. First of all, adoption had a character of religious charity, after which it started to have a primary function, to satisfy couples who could not have children. Then, the adoption became an institution of heirs. Nowadays, it is seen as an institute of solidarity, with the aim of helping institutionalized minors, providing a home and a family for these children and adolescents, equated to their legitimate children.