Restituição Internacional de Menores: uma análise empírica no STJ

Abstract

Currently, many marriages are held between people of diferente nationalities, resulting in conflicts due to family breakdow, such as kidnapping / international retention of minors. Hence the questiona rose: How were the Superior Court of Justice (STJ) judgments in cases of restitution of minors in the priod from 2015 to 2020? Thus, the objective is to analyze these judgments in the determined period, whith legal verification, of the relationship with human rights and human dignity, focusing especially on the principle of the best interests of the child subtracted and the Hague Convention. For that, qualitative documentar research was carried out. As the question that involves the elemento of strangeness in the relationship, the solution occurs by International Law, the Hague Convention has a great deal granted to Private International Law, as a criterion for real investigation of the problem. The decisions analyzed were based on the Hangue Convention and demonstrated the intention to strive for the principle principle. However, the length of the procedure violates fundamental rights. Therefore, the case of international kidnapping / restitution of the children, desserves greater visibillity, effectiveness and efficiency in decisions for greater international legal security.