A nacionalidade do adotado estrangeiro no Brasil: a relativização do jus sanguinis sob a luz do art. 227, § 6º, da Constituição Federal de 88

Abstract

The present course conclusion monograph has as its theme the nationality of the adopted foreigner in Brazil. It is proposed to analyze the adequacy of the Brazilian legislation that deals with the nationality of the foreign adoptee by addressing issues related to Fundamental Human Rights, as well as the interpretation of arts. 12 and 227 of the 1988 Constitution, looking to identify possible conflicts between the norms of public law that govern the theme. The proposal consists in analyzing whether the current position of the Brazilian State regarding the non-recognition of the primary nationality of the international adoptees allows a real realization of the fundamental right to nationality and if it complies with the principle of non-differentiation between adopted and biological children, from the point of view of the Human Rights and the Constitutional Law. Therefore, the dialectical approach will be used, considering the concept of primary nationality and its transmission through the criterion of jus sanguinis, and if the constitutional rules regarding non-differentiation between adoptive and biological children are compatible with the current positioning. This monograph is divided into two chapters, the first one dealing with issues related to nationality and its modes of transmission, while the second will introduce the institute of international adoption and then approach the question of the nationality of the adopted foreigner in Brazil. The historical procedure method will be used to briefly outline the evolution of the concept of nationality as well as the institute of international adoption. Then, the monographic method will be used to analyze the possibility of relativizing the criterion of jus sanguinis present in art. 12, inc. I, item "c", of the 1988 Constitution given the need for a joint interpretation of the above mentioned device, according to the principle of isonomy between biological and adoptive children contained in art. 227, § 6th, of the 1988 Constitution.