Crianças invisibilizadas no momento da adoção: uma análise do PLS 394/2017 e suas possíveis mudanças no ordenamento jurídico

Abstract

The present article discuss about the problematic of children and teenagers invisibilized in the moment of the adoption, verifying if the PLS 394/2017 innovates the current legal system to the point of bringing possible benefits to such a group. Initially, the historical context of childhood will be explored and as the child became a subject of rights, a bibliographic survey relevant to the construction of children's rights will be used. Then, an approach to childhood will be made as a device of power, based on Michel Foucault's notion of biopower in conjunction with the exposition of the old doctrine of Irregular Situation. After that, it will expose who is part of the approached group, by collecting data from the SNA and CNJ about the profile of adopters and adoptees, and why it is a problematic situation in which it needs attention. Finally, it presents and analyzes PLS 394/2017 in comparison with ECA, verifying whether the project has the capacity to produce innovative effects and that help the situation of children and adolescents who are invisibilized.