Os direitos da criança e do adolescente: constitucionalização, defesa e adoção internacional

Abstract

The study demonstrates that international adoption is an instrument that may be used as a favorable solution to the problems that afflict children and teenagers, when they are deprived of living together with the families and, consequently, of their basic rights. It presents certain situations that the referred instrument is revealed as exceptional rule that remains so that the infants can be effectively sure of their rights that are constitutionally assigned to them as a priority. It is about how to make real the juridical condition of the child and the teenager in the intern and international level, always relating this condition to the human right discussion, proposing the nationality analysis and the citizenship in the Democratic Right State. The international adoption reflexes in the limits of Brazilian Right are the studies objects, spreading throughout International Right, from the moment when the globalization appears as inevitable, as well as the effects generated by this kind of adoption, emphasizing the right of living together with the family, what is constitutionally foreseen.