Young man from Santa Catarina takes legal action to reverse the disadoption process and regain family ties
A 21-year-old young man sued the judiciary to annul a legal process that terminated his family ties and removed his surname. Flávio of Silva Maximiano Júnior filed a rescission action against the decision that formalized his “de-adoption” in the status of Santa Catarina. The case occurred when he turned 18, shortly after a domestic disagreement. The situation involves lawyer Lilian Regina Terres Moroso and judge Sonia Moroso Terres, the boy’s adoptive mothers. The dispute raises debates about the irrevocability of adoption in the Brazilian legal system.
The controversy began during a family argument. The young man decided to leave the residence where he lived with his mothers. Naquele moment, he signed documents authorizing the definitive break of affiliation. Flávio from Silva Maximiano Júnior states that he was forced to choose between his relationship with his girlfriend and staying with his family. Ele reports that he signed the paperwork presented only as a condition required to be able to leave the property in which he lived.
Tramitação atypical judicial and absence of legal rites
The day after the domestic conflict, a lawyer associated with one of the mothers’ offices sought out the young man. Ela submitted the necessary documentation to formalize the legal separation. Ele signed a power of attorney and the official request to cancel the adoption. The public authorities approved the severance of the filial bond within just 45 hours. Especialistas in family law consider this period extremely short for processes of this nature.
The plaintiff contests the speed of the court proceedings. Ele points to the suppression of mandatory steps in disputes involving family relationships and affiliation. The young man’s defense argues that procedural fraud has occurred. The procedure took place without holding hearings with the parties involved. The court also waived the need to carry out a psychosocial study. Multidisciplinary Equipes usually act obligatorily in these cases to assess the psychological impact of breaking ties. The lack of these procedures raises questions about the validity of the approved sentence.
Brazilian legislation establishes strict guidelines for modifying civil records. Estatuto of Criança and Adolescente determines that adoption constitutes an exceptional and irrevocable measure. Breaking this principle requires robust justifications and the exhaustion of all means of conciliation. The lack of active listening to young people by judicial professionals goes against the usual practices of family courts. The rapid process prevented any attempt at mediation between the parties.
Narrativas disagrees on the breakup initiative
The adoptive mothers presented a different version of the events that led to the signing of the documents. Lawyer Sílvia Domingues Santos represents Lilian Regina Terres Moroso and Sonia Moroso Terres in the process. The defense claims that the idea of undoing the adoption came exclusively from the young man. The mothers report that they tried to convince their son to give up the legal separation. Elas declare that they accepted the demand with reluctance and suffering after exhausting their arguments.
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The family has built a history of coexistence over several years. The couple adopted the boy when he was still a child. Ele spent his entire adolescence at the residence, where a brother also lived, also adopted by the two women. The mothers’ legal representative stated that they cried and begged the young man to change his mind. The lawyer maintains that the attempts at dissuasion had no practical effect on the decision.
Essa’s narrative directly conflicts with the plaintiff’s testimony. Ele reiterates the feeling of coercion at the time of signing. The boy states that he did not see viable alternatives given the pressure exerted in the domestic environment. The judiciary will need to analyze the documentary and testimonial evidence to determine the real motivation for the original request. The investigation seeks to clarify whether the young man’s consent occurred freely and consciously.
Ministério Público from Santa Catarina rejects filial divorce
Ministério Público of Santa Catarina joined the legal debate with a scathing opinion. The state body classified the episode as an attempt at “filial divorce”. Prosecutors emphasized that this legal figure does not exist in the country’s laws. The national law does not authorize the termination of membership based on emotional conflicts or family disagreements. The rule applies to both biological and adopted children.
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Ministério Público’s manifestation of Santa Catarina strengthens the arguments presented in the termination action. Formalized adoption transfers all the rights and duties inherent to paternity and maternity. The act consolidates a definitive legal relationship. Tribunal of Justiça of Santa Catarina confirmed that the case is being processed in secrecy. The court analyzes the conduct of those involved in the judicial and administrative spheres. Resolving this impasse could create jurisprudence on the limits of civil registration revocation in Brasil.
Magistrados and prosecutors are following the outcome closely. The validation of a de-adoption due to family conflict would set precedents for other families to try the same appeal. The child and youth protection system works to prevent the return of adopted people. Irrevocability aims to guarantee legal security and emotional stability for individuals who have passed through the reception system. The state court’s final decision will define the correct interpretation of the law for this specific scenario.
Consequências practices and fundamentals of termination action
Flávio from Silva Maximiano Júnior currently resides in the city of Itajaí, on the coast of Santa Catarina. Ele works with the electrical maintenance of vessels in the port region. The main objective of the action does not involve the recovery of the mothers’ surname. The young man seeks to reestablish legal membership rights. Ele wishes to legally guarantee the right to live with his younger brother, who remains under the couple’s custody.
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Santos Monteiro’s lawyer Rodrigo took over the boy’s legal representation. The defender criticized the situation of legal vulnerability imposed on the client after the approval of the agreement. Ele declared that the young man lost his family structure and ended up being returned to no one. The family history reveals yet another episode of unsuccessful adoption. An older sister, previously adopted by the couple, returned to an institutional shelter after two months of living together.
Apesar from the litigation and the loss of civil registration, the worker maintains positive perspectives for the coming years. Ele has declared her intention to start her own family and focus on professional development. The rescission action filed with the Santa Catarina judiciary lists technical arguments to invalidate the previous sentence. The lawyers structured the annulment request based on serious procedural flaws.
The initial petition highlights the following points to justify the reversal of the de-adoption:
- Ocorrência of procedural fraud during the execution and signing of the request.
- Velocidade atypical in its processing, with a court decision approved within 45 hours.
- Supressão of mandatory hearings to hear the parties before a judge.
- Inexistência of psychosocial study to measure the damage of the breakup.
- Violação direct from Brazilian legislation, which prohibits the revocation of adoptions.
The progress of the process requires notification of all parties to present new defenses. The judges responsible for analyzing the appeal will assess whether the defects highlighted justify the complete annulment of the legal act. The processing follows the court’s statutory deadlines. The outcome will determine whether the original civil registration will be restored with all the retroactive effects inherent to affiliation.
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