Sequestro internacional de crianças: violência doméstica contra a mulher como hipótese de exceção ao retorno da criança abduzida ao país de residência habitual

Abstract

This study conducts a descriptive analysis, with a doctrinal, documentary, and jurisprudential focus, regarding the application of the Hague Convention on the Civil Aspects of International Child Abduction in cases where the abducting parent alleges having been a victim of domestic violence perpetrated by the applicant seeking the child's return. The issue arises from the absence of an explicit provision in the Convention that excludes the return of the child to their habitual residence when allegations or evidence of domestic violence against the mother are presented. The general objective of this work is to analyze whether Brazilian authorities have rendered decisions ordering the return or allowing the stay in the refuge country of children and adolescents who may have witnessed a violent and abusive interparental relationship. As specific objectives, the study aims to examine the main aspects of the Convention and the phenomenon of international child abduction, to assess domestic violence against women as a cause of such abduction and its relation to the exception provided for in Article 13(b) of the Convention, and finally, to analyze concrete cases decided by the panels of the Superior Court of Justice between 2019 and 2024. Thus, this monograph proposes a critical reflection on the need for a broader interpretation of the aforementioned provision in order to ensure comprehensive protection for both direct and indirect victims of domestic violence.