A APLICAÇÃO DO INSTITUTO DA ADOÇÃO INTERNACIONAL E O ATENDIMENTO AO PRINCÍPIO DO MELHOR INTERESSE DA CRIANÇA E DO ADOLESCENTE

The objective of this article is to address the international adoption process and the application of the principle of the best interests of the child or adolescent. It is understood that the act of adoption consists of the oldest form of socio-affective filiation, where a child is granted to the adopter and, at the same time, a new family is granted to the adopted person. Despite being an important institute, the following problem arises: will the international adoption process always meet the purposes established by the principle of the best interests of the child or adolescent? In order to present a hypothesis to the problem raised, it is understood that the adoption process, whether national or international, will not always meet the elements present in the principle of the best interests of the child or adolescent. It is understood that the general objective of the research aims to demonstrate that the international adoption process, even with phases and procedures, needs to meet the primary rights of these children. In view of the entire study carried out, it is consistent with the position adopted by Brazilian doctrine and jurisprudence, that is, that although international adoption is of great importance, each demand should be analyzed individually, with respect for the fundamental rights of the child or adolescent involved. As for the methodology, emphasis is placed on the use of bibliographic, doctrinal and jurisprudential sources, as this is a topic with qualitative research criteria and predominantly theoretical.