Entre caminhos e descaminhos à convivência familiar : por onde andam as rotas da adoção internacional no Brasil?

Abstract

The central objective of this dissertation is to analyze how the implementation of the 1993 Hague Convention in Brazil has been constituted, in order to understand the challenges and the possibilities of international adoption to contribute with subsidies to guarantee the family life of children and adolescents. This is an exploratory research, of mixed approach, In order to tread the investigative path, the historical-dialectical materialist method was elected as a lens to guide the reading and the analysis of the phenomena that cross the object of study. In relation to the instruments and techniques, we first used a bibliographical research, in which we read 06 books, 12 scientific articles, 02 dissertations, and 01 thesis that dealt with the themes of foster care, the removal of family custody, and adoption. The documental research was employed, from a script of documental analysis, in which it was possible to evaluate 03 Conventions, 04 Declarations, 07 Federal Laws, 03 Federal Decrees and 01 National Plan. With the completion of the bibliographical and documental research, the empirical research was carried out, whose data collection was executed in two stages, both in a virtual environment. The first stage foreseen the application of two on-line questionnaires, composed of open and closed questions, which approached the theme of international adoption and its particularities in the Brazilian context. Questionnaire 01 was addressed to the Federal Central Administrative Authority (ACAF) and questionnaire 02 was addressed to the twenty-seven State and District Central Authorities (ACE), with all of them duly answered. The second stage was carried out by means of two on-line focus groups, in which twenty-four ECAs contributed. With the end of data collection, we proceeded to the process of triangulation and data treatment, with the use of simple statistical treatment and the content analysis technique. We sought, thus, both to describe and systematize the situational reality of the institutionalization of international adoption, as well as to enable the understanding of the particularities that it has been assuming in the Brazilian reality. In slight synthesis, the results of the research evidence that, although such central points still need investment and improvement, one of the challenges facing the Brazilian reality is the lack of standardization and regulation as to the structuring and functioning, as well as the inexistence of supervision by the State and District Central Authorities. It can be observed that, if there is no manifest guideline or unified guidance for the twenty-seven federative units, it will be difficult to affirm that Brazil, in a broad sense, is complying with the obligations imposed by the 1993 Hague Convention and by the Child and Adolescent Statute. Thus, between paths and trails, challenges and possibilities to the right to family cohabitation, at the end of this dissertation some measures are suggested as a product of the research and possible routes for international adoption, in order to contribute with subsidies to the policy of protection of children and adolescents in Brazil.