Banca de DEFESA: Rodrigo Santos Meira

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Rodrigo Santos Meira
DATE: 26/11/2024
TIME: 14:00
LOCAL: https://calendar.app.google/bGTw2Vp2bZwK18Cz5
TITLE:

PLACE OF SPEECH AND SUFFICIENT MATURITY: interpreting the best interest for the child's participation in international abduction lawsuits in Brazil

KEY WORDS:

International Law. International Children Abduction. Children’s Rights. Sufficient Maturity. Human Rights.

PAGES: 225
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The child’s right to be heard in the international abduction lawsuit could revolutionize judicial decisions in the Federal Court. The more one listens to a child, the more one understands the underlying reasons for transnational family conflict; the more the child participates, the more they feel welcomed by the Judiciary. As a transnational phenomenon, disagreements within the family potentiate trauma to children who were unrelated to judicial decisions, given the technical and cold decision of prompt return or application of conventional exceptions, without regarding the opinion of the main interested party. With the emergence of more and more transnational families, the union of people who consider themselves in the same family context increases, involving cultures that are generally diferente and strange to each other. Such legal relationships give rise to new human beings who have points of contact with more than one legal system, which can be called “transnational children”. The personality rights of these children, permeated by a strong load of human rights, give rise to overlaps and conflicts of jurisdiction, impacting Private International Law in the exercise of international jurisdiction by States. Although the rules of the 1980 Hague Convention on the Civil Aspects of International Child Abduction are relatively clear, there are still questions that arise over the practical application of the Convention in the signatory countries. Not by chance, the European Union reformed the Brussels II-bis Regulation to render the voice of children more effective and allow, in line with respect for their best interests, each member to establish how to effectively hear their voices. In Brazil, judicial sentences are generally defined based on essentially territorial evidence and criteria of a family’s daily life, but hearing the child is still considered a legal taboo. As much as the children may still be devoid of “sufficient maturity”, they need to be heard, because they are the main interested party in the outcome of the process. Therefore, it is necessary to rethink the ways in which children participate in the process of international abduction in Brazil, with a view not only to legitimize judicial sentences, but mainly to put an end to family conflict. The main objective of the research is to evaluate hearing the child as a fundamental procedure for respecting the condition of subject of rights and, from this perspective, to design a general theory of the topic, contributing to studies on the construction of a paradigm appropriate to the functionalities of the child’s voice in court proceedings, in accordance with the principles of International Law and consistent with the international protection of human rights.

 

COMMITTEE MEMBERS:
Externo à Instituição - GUILHERME CALMON NOGUEIRA DA GAMA - UERJ
Externa ao Programa - 2774496 - CARLA SABRINA XAVIER ANTLOGA - nullExterna à Instituição - EUGÊNIA CRISTINA NILSEN RIBEIRO BARZA - UFPE
Presidente - 1874025 - INEZ LOPES MATOS CARNEIRO DE FARIAS
Externa à Instituição - VALESCA RAIZER BORGES MOSCHEN - UFES