Judicial Direct Communication on international child abduction matters: Challenges of its implementation in the Brazilian procedural system
Name: ISABELA TONON DA COSTA DONDONE
Publication date: 19/05/2025
Examining board:
Name |
Role |
|---|---|
| ADRIANA PEREIRA CAMPOS | Examinador Interno |
| PAULA MARIA ALL | Examinador Externo |
| ROSARIO ESPINOSA CALABUIG | Examinador Externo |
| VALESCA RAIZER BORGES MOSCHEN | Presidente |
Summary: The purpose of this dissertation is to analyze the implementation of direct communication in international child abduction matters in the Brazilian procedural legal system. Given the various procedural issues in the framework of the 1980 Hague Convention on the Civil Aspects of International Child Abduction and its procedure based on speed and the principle of the best interests of the child, the aim is to answer how the procedural regulatory deficiency impacts or not on the application of Direct Judicial Communication. Therefore, the methodology adopted is deductive-inductive, using bibliographical, jurisprudential and documentary research and, in addition, using two qualitative data collection techniques: forms and interviews. The work is
divided into two stages: the first, reflected in the first two chapters, provides a literature review on the subject, developing the foundations of International Legal Cooperation in the Brazilian legal system, as well as studying the International Abduction of Minors and its main procedural issues and, finally, analyzing the use of direct communication. The second part, in the meanwhile, is made up of the collection of a form sent to Brazilian liaison judges, as well as interviews with representatives of the Regional Secretariat for Latin America and the Caribbean of the Hague Conference, and the identification of the main consequences generated by the regulatory deficiency. The research is part of the Justice, Process and Constitution concentration area and the Justice, Constitutionality and Protection of Individual and Collective Rights research line. This dissertation was developed through participation in the Labyrinth of International Civil Procedure Codification Research Group (LABCODEX).
