Os mecanismos de cooperação na adoção internacional: um estudo sobre a Convenção da Haia e seu impacto no direito processual brasileiro

Abstract

The studies were undertaken in partnership with the "Labyrinth of the Codification of International Civil Procedure Law" Research Group, in accordance to the Line of Research " Process, Constitutionality and Protection of Existential and Patrimonial Rights", inserted in the area of "Justice, Process and Constitution" in the Master of Laws Degree in the Universidade Federal do Espírito Santo. From the premise of the Best Interests of the Child in an international adoption process, the studies aim to analyze the effectiveness of this institute in Brazilian Law, shedding light onto the procedural puzzler of International Cooperation. The Co-operation Model used herein as reference comes from the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (concluded on 29 May 1993). The objective of the study is to verify the process of International Adoption undertaken by our Central Authority and International Organizations, as well as the performance of the Legal Co-operation between Brazil and the International Community. The study later proposes the investigation of the co-operation mechanisms and their effectiveness when facing sensitive issues in the international adoption process, such as kidnapping, child-selling and trafficking of children. Finally, an investigation whether the legal co-operation model set in the Hague Convention is effective in the Brazilian Law, underlining the Legal Co-operation Procedure applied for International Adoption in Brazil.