PONTES, M. A. A. L.; PONTES, Maria Amélia Abrantes Lima.
Resumen:
The present work has as its theme the International Kidnap in the light of the Hague
Convention and the Theory of the Integral Protection of the child. In conceptualizing
interparental kidnapping, considering that this is a fact that generates a clear violation
of the fundamental rights of the child and family coexistence, it seeks to verify the
functionality of the 1980 Hague Convention. The main focus of the multilateral treaty
is to guarantee the immediate return of the child. Child, who has been abducted
unlawfully by one of their parents. Through the origin, exceptions and particularities
of said Convention, the main objective of this study is to investigate the effective
application of integral protection theory. For this purpose, an analysis of the Brazilian
judicial decisions on the subject is carried out, observing if they are in accordance
with the presuppositions of the right of the child and the adolescent, particularly with
the principle of the best interest. Thus, the study addresses the impasse that is
generated during international legal cooperation, which is the fulfillment of the
immediate reinstatement of the child's habitual residence, and service to the best
interest of the child.