Deslocamento ilícito interparental de crianças e adolescentes e alienação parental: uma análise das ferramentas presentes na Convenção sobre os aspectos civis do sequestro internacional de crianças

Abstract

Due to the increase over the years about cases of parental alienation in multinational families, research is carried out on the illicit interparental displacement of children and adolescents and parental alienation relevant to these cases, through an analysis of the tools present in the Convention on the Aspects International Child Abduction (CSIC) Civilians. Therefore, the main question of this research is: from the perspective of preventing parental alienation, what tools does the Convention on the Civil Aspects of International Child Abduction have to deal with cases of unlawful child retention practiced by one of the parents? Thus, in order to investigate the operation of the procedure for ordering the immediate return of children who were unlawfully retained, as well as the best ways to proceed with compliance with the provisions of the Convention, it is necessary to report on parental alienation and family power, in terms of regarding their right to coexistence, custody and visitation regulations. Furthermore, it is essential to analyze, from the perspective of the CSIC, the procedures to be carried out in cases of illicit retention, and the indispensability of criticizing the gaps and limitations present in the CSIC and what are the measures that must be taken for its correction. Furthermore, a deductive method research was carried out, taking into account that an idea was taken from other existing ones, using logical reasoning to reach more specific conclusions. In view of this, it appears that the short deadlines stipulated in the Convention, the conflicts of jurisdiction and the absence of provisions in domestic legislation for better application of the CSIC, matter in the recognition that cooperation between the State parties is the basis for resolutions of cases of illicit retention and that despite the good intentions of both the CSIC and the Parental Alienation Law, the existence of gaps and limitations that need to be repaired, in order to be more effective in the Brazilian legal system, resolving the criticisms of the international community.