Justice paves the way for compensation for forced adoptions

Thousands of Brazilian children were illegally removed from the country in the 1980s. Now, a court has ruled that the state be held responsible for three cases that occurred in Minas Gerais.

A court decision recognizing the state's responsibility for violations against families whose babies were taken abroad in the 1980s could be a milestone for similar cases, which are mounting across Brazil. This precedent paves the way for more victims to seek justice in search of redress, experts say.

The Federal Court's decision in late April concerns three cases that occurred in the interior of Minas Gerais, in the municipality of Santos Dumont. In this small town of 40,000 inhabitants, between 1985 and 1987, there were allegations of 176 forced adoptions, with many of the children being taken to Italy and France. The ruling ordered the federal government and the state of Minas Gerais to pay a total of R$1.8 million in compensation to three families whose children were sent to Europe during this period.

The trial concerned the case of seven children from three families who were forcibly taken from their homes by authorities. The mothers were arrested, placed under arrest, and prevented from responding to the removal of their children.

In the first instance, the request was denied. However, in the second instance, the decision changed the initial view that the case had expired, considering that the harm to the families justified an exceptional regime and recognizing the role of the state of Minas Gerais in the illegal adoptions. The Union was found guilty of omission in allowing the children to leave the country.

"We use the theory that crimes against humanity are not statute-barred. The decision in the appeals court was unanimous in favor of the case, and I hope it won't be reversed," says the lawyer in the case, Flávio Tavares. He says victims have always been deeply suspicious that seeking justice would have any effect, a perception that may change with the recent ruling.

"It's important to consolidate the non-statute of limitations in cases of disappearances, following international understanding on the subject. There was some resistance to this," says researcher Simone Rodrigues Pinto of the University of Brasília (UnB). In her view, the Santos Dumont incident is a paradigmatic case among institutional kidnappings.

Relevant market and large networks

Records of Brazilian children being sent abroad have existed for decades, but the issue gained particular attention during the 1980s, when the country became the fourth largest country in the world for adoptions by foreigners. It is estimated that between the 1970s and 1980s, around 30,000 Brazilian children were adopted by foreigners, with the majority of them taken abroad.

In addition to Santos Dumont, other cities have hundreds of records of forced adoptions, in a market in which couples paid up to $10,000 per child.

At the time, the use of force by state agents was common, with reports of threats to families and populations terrified of having their children taken away, says Andrea Cardarello, a researcher at Anthera – an international research network on family and kinship. The involvement of the judiciary, including judges and lawyers, was also common, granting legal status to adoptions. When children were sent abroad, immigration agents also joined the networks, facilitating the procedures, including the provision of false documentation.

There are also many cases of vulnerable mothers who were induced to accept adoptions, believing that it would be an opportunity to offer better conditions to their children.

In addition to situations involving authorities, international adoption also had another face in the country, as in the case of Arlete Hilú's gang, which ran a scheme that kidnapped babies from maternity wards. At the time, the crime of child trafficking was not defined in the penal code.

"Salvationism" and public opinion

Mostly taken from vulnerable families, part of the public saw the possibility of these children going abroad as a positive thing, says Cardarello, who describes this perception as "salvationism." According to her, at the time, judges reinforced this view in interviews, claiming that adopted children could have a better quality of life, even saying that the movement had the potential to reduce crime in Brazil.

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In fact, the researcher notes that there were a significant number of adopted children returned, experiencing difficulties in adapting. Tavares also cites cases of those who suffered abuse at the hands of their adoptive families, while being forced to believe that their biological parents were responsible for abandoning them.

In the 1990s, according to Cardarello, concerns about its image abroad began, which changed the situation. At that time, after successive scandals, measures to combat international trafficking were taken. In 2000, Brazil ratified the Hague Convention, which addresses international child abduction.

Important precedent

The recent ruling sets a precedent for holding the Union accountable in other cases, Tavares believes. According to the lawyer, other victims have been contacting his office to learn more about the matter following the ruling, including some who were sent abroad. He prefers to remain cautious, saying he tries not to create high expectations about favorable reparation decisions.

Rodrigues notes that the case demonstrates how access to justice is now broader. "The democratic transition was important, especially with the perception of guaranteed rights," the researcher assesses.

At the time of the crimes, in the context of the first years of democratic return, the view among most families was that the law would not offer mechanisms to guarantee justice. The decision may change some of the perception about institutional negligence, Cardarello believes. According to the researcher, countries like Australia have been discussing compensation in cases of irregular adoptions internally, while others that received children from abroad are seeking to address forms of reparation.

"Chance for adoptees to learn their story"

In addition to compensation, the decision is seen as a way for adoptees to have greater access to their past, including potential contact with their biological families. Cardarello believes that greater attention to the issue could help create databases to aid the search for those trying to reunite with their relatives.

"Today, it's very difficult to conduct these types of searches; it's often very frustrating. There are associations that have helped in recent years, but it's voluntary work," she points out. The researcher recalls cases of adoptees who came to Brazil repeatedly to try to find their biological relatives, but with no success in their searches. With greater government responsibility, she sees a possibility of changing this situation.

Rodrigues reinforces the view that databases are currently a bottleneck in the disappearance of people in Brazil. "There are a number of technological and economic obstacles," he assesses, citing in particular the difficulties in cross-referencing information from different institutions.