A (IN)EFICÁCIA NA RESOLUÇÃO DE CASOS DE SUBTRAÇÃO INTERNACIONAL DE CRIANÇAS: UMA ANÁLISE DOS REFLEXOS DA CONVENÇÃO DE HAIA

Abstract

This monography problematizes the low efficiency of the Hague Convention on the Civil Aspects of International Child Abduction, from 1980, in cases involving the Federative Republic of Brazil, the main objective is to analyze the efficiency of the Hague Convention in the solution of child abduction crimes and to give possible actions to improve it. The hypothesis is that lots of actions can be taken to revert this negative scenario, like the mediation. To better support this discussion, the study begins presenting and contextualizing the mentioned Convention, pointing it’s crescent practical relevance, fulfilling the first specific objective, that is studying the model to solve conflicts based on the text of the Hague Convention on the Civil Aspects of the International Child Abduction, from 1980. After, is done an analysis on the implementation of the Hague Convention in Brazil, using avaiable data and cases that happened, the second specific objective is accomplished, that is analyzing the efficency of the mentioned model using the avaiable data and cases. To end, are studied the obstacles to the efficency using documental and bibliographic search, examining the actions that could be taken in order to contribute with the improvement of this situation, accomplishing the third specific objective, that is to discuss, in a critic way, actions to improve the efficency solving this crimes, reducing it’s incidence. So, using the deductive method, it was found that it was possible to improve the performance of the brazilian state fulfilling the determinations of the Hague Convention.