Banca de DEFESA: Luciana Luti Pereira da Costa e Silva

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Luciana Luti Pereira da Costa e Silva
DATE: 30/06/2025
TIME: 08:00
LOCAL: a confirmar
TITLE:

 THE FRAGILITY OF LEGAL PROTECTION IN THE US. WELFARE STATE AS A RISK FACTOR FOR INTERNATIONAL CHILD ABDUCTION BY BRAZILIAN WOMEN

KEY WORDS:

International child abduction; 1980 Hague Convention; Feminization of migration; Domestic violence; American welfare state

PAGES: 142
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The United States hosts the largest community of Brazilians outside the country. According to official data from 2024, it is estimated that at least 2.5 million are women. However, this number is the result of the feminization of international migration, intensified since the 1980s. With this feminization came an exponential increase in marital relationships, the birth of transnational children, and international conflicts arising from custody disputes involving these children. International child abduction is one of the phenomena that emerges from parental conflicts and is characterized by the international removal or retention of a child under the age of 16 without the consent of the person holding custody rights. To prevent occurrences of child abduction, an international treaty was developed: the 1980 Hague Convention, which provides for the return to the status quo by repatriating children to their country of habitual residence as an essential element to avoid greater harm to the child’s best interests. Its main purpose is to ensure that the parties involved litigate in the country of habitual residence. The treaty allows for children to remain in the country of refuge in cases where there is a risk upon return to the child. However, what has been observed is the feminization of abductions, with a growing number of women committing the civil offense and invoking the exception of risk upon return (Article 13, 1, b of the Treaty), alleging the occurrence of domestic violence. This study aimed to analyze whether the American welfare state enables Brazilian women to litigate in the foreign territory, in accordance with the Treaty, or whether conditions—especially the lack of legal aid in civil cases, particularly divorces, as well as the recognition of and response to domestic violence—are sufficient to prevent international abductions. A qualitative, deductive, dogmatic-analytical methodology was used, through bibliographic review, legislative analysis, document analysis, relevant and official quantitative research, and statistical data from secondary sources. It was concluded that Brazilian migrant women are in a grave situation of vulnerability due to the fragility of the American welfare state and the potential future worsening of this scenario, in view of the projected birth rate of Latino children in the United States by 2035

COMMITTEE MEMBERS:
Interna - 1544800 - GABRIELA NEVES DELGADO
Presidente - 1874025 - INEZ LOPES MATOS CARNEIRO DE FARIAS
Externo à Instituição - Rodrigo Santos Meira - MDIC
Externa à Instituição - VALESCA RAIZER BORGES MOSCHEN - UFES