A mediação e a subtração internacional de crianças: operacionalização, conteúdo e exequibilidade de acordos privados

Abstract

Inserted in the area of concentration “Justice, Process and Constitution”, in the research line “Process, Constitutionality and Protection of Existential and Property Rights” of the Master in Procedural Law of the Federal University of Espírito Santo, the studies were developed from contributions of the Research Group entitled "Labyrinth of the Codification of International Civil Procedural Law CNPq". Having as a premise that the right of access to justice should also be guaranteed from a transnational perspective, this study aims to analyze how international mediation is developed under the Hague Convention on Civil Aspects of International Child Abduction. Through the deductive method of investigation, it investigates how the Convention establishes a special mechanism of international legal cooperation, through the central authorities and also through judicial procedures that aim to provide a rapid return of the child to the country of habitual residence. These mechanisms include the possibility that the parties resolve the conflict in a consensual manner, through mediation. Based on the analysis of the Guide of Good Practices (Part V), prepared by the Hague Conference on Private International Law, this dissertation seeks to verify how mediation is operationalized in the case of international abduction. It also goes into detail about the content and enforceability of the agreements reached in mediation.