Cooperação jurídica internacional: auxílio direto e a convenção da haia sobre os aspectos civis do sequestro internacional de crianças

Abstract

The growing interaction between subjects of international law, along with the internationalization of daily conduct, increase in litigation involving international aspects. With its own challenges of a globalized world the international community acts to stimulate international legal cooperation. The mutual league assistance emerged as a new form of international legal cooperation in Brazilian law. Indeed, judicial cooperation is a direct means of cooperation that is based on an international treaty on judicial cooperation. On October 28, 1980, at The Hague, was signed the Convention on the Civil Aspects of International Child Abduction, promulgated by Decree 3.413, of April 14, 2000, which established mutual obligations between the States Parties. It is evident the legal obligation of Brazil, as a Member State of the Convention, to adopt the necessary measures to promote the return of minors wrongfully withheld or wrongfully transferred to the country of habitual residence. It's what you want to demonstrate with this study. Demonstrate the importance of mutual league assistance to achieve the objectives established by the Hague Convention on the Civil Aspects of International Child Abduction. With regard to the legitimacy of demands that cases involving the Convention itself clearly in the interests of the Union legal trigger the judiciary both in the public interest primary, which is the object of ensuring that children of international abduction are not wrongfully deprived of living the environment in which they develop, interest as the secondary audience, which is, to respect and enforce international obligations imposed on the Federative Republic of Brazil. Defends the ―supralegalidade‖ treaty, emphasizing that the Convention recognizes the legitimacy of certain exceptions to the general obligation assumed by the States to ensure the prompt return of children transferred or retained unlawfully.