
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 on
- 204 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
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 on
About this book
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.
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Information
Table of contents
- Capa
- Folha de Rosto
- Créditos
- Introduction
- Chapter 1 THE INTERNATIONAL EFFORT TO HARMONIZE THE 1980 HAGUE CONVENTION: THE BRAZILIAN CHALLENGE
- Chapter 2 THE ADAPTED-CHILD PARADOX
- Chapter 3 RECENT NATIONAL EFFORTS TOWARDS COMPLIANCE: IS RESOLUTION CNJ 449/2022 THE SOLUTION?
- Overcoming Ostrich Syndrome
- References
- Annex 1 – The Draft Law
- Annex 2 – The Cnj Resolution 449/2022