A convenção de Haia sobre aspectos civis da subtração interparenteral internacional de crianças : a problemática da cooperação jurídica internacional e a proposta de tutela específica de proteção

Abstract

The present thesis was anchored in analytical research, taking as reference the doctrine and jurisprudence, aiming at the study of the Hague Convention of 1980 with the purpose of proposing the solution of the conflict of subtraction of children, promoting their immediate return, according to the provisions of the Convention when the Brazilian State is the country of refuge. To do so, it was necessary to study the protection of children in the international context from a historical digression, showing in the end that the Hague Convention is classified as a human rights treaty. It was also analyzed the impropriety of the term kidnapping, while the differentiation between this criminal type and the conduct provided for in the Convention was analyzed. It contextualizes on the legal good of integral protection, primacy of the interest of the child and the adolescent and of the correct interpretation of the principle of the superior interest of the child, providing the correct application of the Convention, avoiding the excess of term. The administrative and judicial procedures for the application of the 1980 Hague Convention have also been demonstrated, concluding that there is a need to control conventionality in a diffuse way to achieve the Convention.