Banca de DEFESA: Nereida de Lima Del Águila

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Nereida de Lima Del Águila
DATE: 24/02/2026
TIME: 09:00
LOCAL: AUDITÓRIO MIROSLAV - FACULDADE DE DIREITO - UnB
TITLE:

 MEDIATION, GENDER, AND INTERNATIONAL CHILD ABDUCTION: CHALLENGES AND PERSPECTIVES IN THE RESOLUTION OF TRANSNATIONAL FAMILY CONFLICTS

KEY WORDS:

Keywords: mediation; international child abduction; transnational families; gender; 1980 Hague Convention on the Civil Aspects of International Child Abduction.

PAGES: 250
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This doctoral thesis (Mediation, Gender, and International Child Abduction: Challenges and Perspectives in the Resolution of Transnational Family Conflicts) analyzes the applicability of mediation in cases of international child abduction within the context of transnational families, considering the 1980 Hague Convention on the Civil Aspects of International Child Abduction, with particular attention to gender dynamics, policy-oriented approaches to the dejudicialization of conflicts, and the protection against women’s revictimization. The study is grounded in the hypothesis that mediation, when conducted with sensitivity to structural inequalities and the vulnerability inherent in such disputes, may lead to fairer and more sustainable solutions consistent with the best interests of the child. The research adopts a qualitative approach, grounded in an interdisciplinary literature review, normative analysis, and the examination of documented cases of international child abduction, including national and foreign judicial decisions, as well as institutional guidelines and soft-law instruments developed within the framework of the Hague Conference on Private International Law. The analysis examines the limits imposed by the 1980 Hague Convention, particularly regarding exceptions to the prompt return of the child, and assesses how genderrelated issues, especially domestic and psychological violence, affect both the emergence of conflicts and the effectiveness of consensual dispute resolution mechanisms, including mediation. The findings indicate that mediation may play a relevant role as a complementary instrument to international legal cooperation, provided that strict criteria of voluntariness, safety, and procedural balance between the parties are observed, thereby preventing the reproduction of power asymmetries and risks of revictimization. It is concluded that mediation, when applied in a technically competent and institutionally structured manner, and when sensitive to gender inequalities and integrated into a dialogue of sources among Private International Law, Family Law, and international human rights law, does not replace the system established by the 1980 Hague Convention, but may enhance its practical operation by promoting more humane, effective, and contextsensitive responses to the complexity of transnational family relations.

COMMITTEE MEMBERS:
Externa à Instituição - ANABELA SUSANA DE SOUZA GONÇALVES - UMinho
Interna - 2729067 - DANIELA MARQUES DE MORAES
Externo à Instituição - FABRÍCIO BERTINI PASQUOT POLIDO - UFMG
Presidente - 1874025 - INEZ LOPES MATOS CARNEIRO DE FARIAS
Externa à Instituição - VALESCA RAIZER BORGES MOSCHEN - UFES