International Adoption: value and importance of the effective International Conventions in Brazil

Abstract

This study begins by observing that, besides the existing problems in the human relationship between those who decide to adopt and those who are adopted, there are other problems that involve international conflicts of laws. Following, the author shows that, in the national level, only with the brazilian Constitution, of 1988, and the Act of the Child and Adolescent of 1990, the adoption of children and adolescents received the treatment it truly deserves. Next, the study shows that the international treaties are the solution found by the sovereign States in order to solve the international conflict of laws. So, it stands out with details three International Treaties that corroborate for a better administration and protection of concerns and rights of the children and adolescents. These Treaties also emphasize the international juridical cooperation: Treaty of Judiciary Cooperation in Civil, Commercial, Labor and Administrative subjects Brazil-France, Inter - American Treaty of Conflicts of Laws Concerning Adoptions of Minors, signed in La Paz and the International Treaty of Cooperation and Protection of Children and Adolescents Referring to International Adoption, signed in Haia. On account of the fact that the defense of children and adolescents rights is primordial, besides the international treaties of judiciary cooperation, the recommendations from the International Law Institute (intending to equalize the interpretation of certain determined subjects) and the international organizations of adoption received special attention by the author. At last, concluding that, if the brazilian internal corpus of laws is respected, the international adoption is a real option to be considered by the Brazilian Courts of Childhood and Adolescence so those young people shall have their rights respected.