Adoção Intuitu Personae: um Confronto Entre O Direito Posto E A Realização Da Justiça

Abstract

The intuitu personae adoption occurs when the biological parents choose the adopting family, which implies a mitigation of adoptions registration, fact that leads to an unstable jurisprudence. This paper exposes the relevance of intuitu personae adoption as a way of ensuring the child's best interests, since it enables his/her inclusion into new families rapidly. The purpose is to show that the recognition of intuitu personae adoption is in accordance to the procedural methodological stage nowadays, the evaluative-formalism, which seeks to achieve, in the lawsuit, the judicial protection of rights, around an ideal of justice enlightened by constitutional principles.