A irrevogabilidade da adopção no ordenamento jurídico Moçambicano: análise crítica

Abstract

The study titled "The Irrevocability of Adoption in the Mozambican Legal System: A Critical Analysis" aimed to critically analyze the impact of adoption irrevocability in the Mozambican legal framework. The methodology employed was bibliographic and documentary research, analyzing Mozambican legislation, legal doctrines, and international comparisons. The research answered the primary question regarding the impact of adoption irrevocability in the Mozambican legal system, revealing that while it aims to provide stability and legal security, this irrevocability can result in negative consequences for adopted minors in cases of violence or neglect. The main legal provisions governing adoption irrevocability in Mozambique were identified, highlighting the need for legal mechanisms that allow adoption review in exceptional situations. The irrevocability of adoption influences family and individual relationships by ensuring the minor's permanence in the adoptive family, but it can also perpetuate abuse situations. Recommendations include implementing clauses that allow adoption reversal in cases of minor risk, strengthening support and monitoring services for adoptive families. The ratio legis of adoption irrevocability aims to guarantee stability and belonging to the minor but must be balanced with the protection of their rights and well-being. It is concluded that Mozambican legislation needs to be reviewed to include protective mechanisms in cases of abuse and neglect, ensuring a safe and healthy environment for adopted minors.