O sequestro internacional à luz da convenção de haia e a teoria da proteção integral da criança e adolescente.

Abstract

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.