Jurisdictional Control of Adoption from the Perspective of Protecting the Best Interests and Freedom of Family Planning: Present and Perspectives in the Jurisprudence of the Brazilian Superior Court of Justice (STJ)

Abstract

This work is based on two hypotheses. The first hypothesis of this research is that the Superior Court of Justice is moving toward the understanding that the principles of freedom of family planning and the best interests of the child and adolescent should prevail over the rules set forth in the Child and Adolescent Statute (ECA), international treaties, and the Civil Code, even when these are more specific. The second hypothesis is that this extensive judicial oversight, which leads to the flexibilization of many rules, does not constitute a violation of the separation of powers but rather a form of judicial control authorized by legislation itself and, therefore, by the will of Parliament, requiring auxiliary regulation by bodies such as the National Council of Justice (CNJ). As research results, the study identifies topics where procedural flexibilization has already materialized, the paradigm grounds applied in each case, emerging themes that must be assessed, as well as prospects for future rulings and the legal theories underpinning the STJ’s interpretations. The research method combines jurisprudential analysis, diverse cross-case studies and an integrative, interdisciplinary and inductive reasoning bibliographic review.