CONVENÇÃO DA HAIA: A (NÃO) OBRIGAÇÃO DE RETORNO À LUZ DO MELHOR INTERESSE DA CRIANÇA

• Autor(a) principal: Oliveira, Samyle Regina Matos Oliveira Matos
• Data de Publicação: 2022
• Outros Autores: Martins Coelho, Lísia
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Interfaces Científicas. Direito (Online)
• Texto Completo: https://periodicos.set.edu.br/direito/article/view/10576

With the advancement of the globalization process, and the consequent growth in the flow of people between different nations, new family formations are arising. In this context, and in view of the subsequent breakdown of these relationships, cases of interparental abductions that aim the exclusive custody of the infant by one of the parents become more common. Therefore, the present work aims to analyze the international and national mechanisms of protection for children victims of interparental kidnapping, as well as the observation of Human Rights. Thus, in order to resolve this issue, the Hague Convention establishes as a rule, in order to ensure the best interest of the child, the return of the child to his or her habitual residence, determining, however, exceptions, which will be one of the subjects of the current work. The present study’s methodology consists of a bibliographic survey, as well as a jurisprudential analysis.