Análise sobre a subtração internacional de crianças com enfoque nos casos de violência doméstica

Abstract

This paper intends to analyze the normative construction about the international abduction of children through the 1980 Hague Convention with an intersection to the phenomenon of domestic violence. Thus, highlighting the need for a broader interpretation of the exceptions provided for the immediate return of the child to the genitor’ country and an update of the whole law to fill the existing gaps. In addition to comparing the Hague Convention with the Maria da Penha Law and the Inter-American Convention on Human Rights, which guarantee the protection of mothers who are victims of domestic violence. The research was used in a qualitative way, with the junction of an exploratory investigation, with documentary analysis, a deductive model, the use of specialized doctrine and case studies to illustrate the problematic of the project's object.