As limitações da Convenção sobre os aspectos civis do sequestro internacional de crianças para solucionar os casos de retenção ilícita de menores

Abstract

The significant number of unresolved cases through the application of the Hague Convention on the Civil Aspects of International Child Abduction, whether it is motivated by its inapplicability in practical situations, by the constant noncompliance with judicial decisions based upon its norms, or by inadequate decisions to the principle of the best interests of the child, strongly indicates the need of alterations in its text. The present work intends to identify the main limitations in its norms that obstruct the effective resolution in cases of illegal removal and retention of minors, thus offering a contribution to the study of international legal cooperation against this phenomenon.