ADOÇÃO À BRASILEIRA: UMA ANÁLISE ACERCA DO DELITO PREVISTO NO ARTIGO 242 DO CÓDIGO PENAL E SUA APLICAÇÃO NO ORDENAMENTO JURÍDICO

Abstract

This study aims to analyze Article 242 of the Brazilian Penal Code, which addresses the practice commonly known as "adoção à brasileira" (informal adoption). The analysis focuses on the evolution of the legal interpretation of this crime, which was previously covered under Article 299, paragraph 1, of the Penal Code, and its classification in cases of ideological falsehood in Civil Registry records. Previous jurisprudence considered the act atypical when motivated by noble reasons, as it was understood that there was no intent to harm rights, create obligations, or alter the truth about legally relevant facts. However, with the changes introduced by Law 6.898/81, jurisprudence began to allow the application of privileged forms or the extinction of punishability through judicial pardon, provided the act is motivated by recognized noble intent. The study discusses the effectiveness of judicial pardon as a cause for extinguishing punishability, questioning whether its application could inadvertently facilitate circumvention of the legal adoption system and create a sense of impunity. The research explores the balance between protecting children's rights and the need for strict application of the law to prevent the devaluation of the formal adoption system and the potential perpetuation of illegal practices. The work is developed through bibliographic research and jurisprudential analysis, aiming to provide an in-depth understanding of the relevance, implications, and controversies surrounding the application of Article 242 of the Brazilian Penal Code.