The long and winding lawsuit

how procedural slowness leads Brazil to breaching the 1980 Hague Convention and what to do to change the path we are onBy Rodrigo Meira

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Length8h 28m

About this audiobook

When transnational couples split, one of the parents wants to reestablish the status quo ante. But now there is a child. Rodrigo Meira brings to light this problem in Brazil and delivered the first research that has delved into the court files, with a view to understanding international abduction in Brazil. The author worked at the Brazilian Central Authority and is concluding his PhD in International Law, in which he examines Brazilian compliance, analyzing cases from 2002 to 2022 and interviewing other professionals who deal everyday with the problem. Meira shows what lies behind this procedural slowness, critically analyzing the culture of biased interpretation by procedural means. He also suggests good points for future changes in Brazilian Law. A compelling bestseller for students, undergraduate and graduate, treating core issues from a lawyer?s perspective. Rather than responding to child abduction with strict legal proceedings, the work argues that national solutions must be met, based on previous international experience. The Long and Winding Lawsuit is also a vade mecum for practitioners desiring a solid footing to make further enquiries on international child abduction in Brazil. This eye-opening book overlaps the lack of information on international abduction and explains the resilience of Brazilian Judiciary to comply with the conventional terms, suggesting what can be done to change this profile.

Audiobook details

GenrePolitics and Government

Length8 hrs 28 mins

Narrated byListen with 1,000+ voices

FormateBook with Audio

Publish dateJul 19, 2023

LanguageEnglish

1Introduction

2Introduction

3Chapter 1 THE INTERNATIONAL EFFORT TO HARMONIZE THE 1980 HAGUE CONVENTION: THE BRAZILIAN CHALLENGE

41.1 The Role Played by The Brazilian Central Authority

51.2 Judicial interpretation of the 1980 Hague Convention main concepts: habitual residence, custody rights and grave risk on return.

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61.3 Legal proceedings: prohibition of production of evidence outside the conventional terms

71.4 Procedural slowness as a result of excessive administrative and judicial procedures

8Chapter 2 THE ADAPTED-CHILD PARADOX

92.1 The process length as a pivotal issue in cases of international abduction in Brazil

102.1.1 The one-year period between the wrongful removal or retention and the request for immediate return (Article 12 of the Hague Convention)

112.1.2 The time between the act of abduction or illicit retention and the unappealable decision in Brazil

122.2 Subjectivity in the interpretation of the “best interests of the child” applied to the Hague Convention of 1980

132.3 The Lanes and Sean Goldman Cases

142.3.1 The Lanes Case

152.3.2 The Sean Goldman Case

162.4 How to tackle the Paradox of the Adapted Child?

17Chapter 3 RECENT NATIONAL EFFORTS TOWARDS COMPLIANCE: IS RESOLUTION CNJ 449/2022 THE SOLUTION?

183.1 The works of the Permanent Commission: the Draft Law (Anteprojeto)

193.2 The CNJ Resolution 449/2022: a problem or a solution?

203.2.1 Hearing the voice of the child in the prompt return lawsuit: a multidisciplinary challenge

213.2.2 The independent legal representation (Guardian Ad Litem) for children’s voice: the means that justifies the end?

223.3 The Brazilian compliance effort: is it possible to conciliate procedural celerity and the best interests of the child? A glimpse on the desirable traits of the new law.

233.4 Parental alienation in cases of international abduction: dialogues with the Parental Alienation Law (Law 12.318/2010)

243.5 How to assess domestic violence? An approach in the light of recent proposals from the Hague Conference

25Overcoming Ostrich Syndrome

26Annex 1 – The Draft Law

27Annex 2 – The Cnj Resolution 449/2022