Racial selection towards child adoption in Brazil: a right or a discrimination?

Abstract

This study aims to analyse, from a legal perspective, whether the option to select race/colour in the adoption process in Brazil is provided for within the legal framework. In order to take on this challenge, the historical evolution of legislation concerning adoption and racial discrimination is analysed. Since an understanding of racism depends on the historical and cultural context surrounding it, racism in Brazil from a sociological point of view is analysed, albeit succinctly. The study focusses on two main concepts: the principle of the best interests of the child and the prohibition of racial discrimination. Both exist within the Brazilian legal system, expressly represented in its Constitution as well as Brazil being a signatory country to the United Nations Convention on the Rights of the Child (UNCRC) and the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD).