Os litígios familiares transnacionais : da atribuição de guarda e o Forum Necessitatis
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Data
2020-05-26
Autores
Carneiro, Yandria Gaudio
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Universidade Federal do Espírito Santo
Resumo
Inserted in the area of concentration Justice, Process and Constitution, in the research line Process, Techniques and Protection of Existential and Patrimonial Rights of the Master in Procedural Law at the Federal University of Espírito Santo, the studies were developed based on contributions from the Research Groups entitled "The Labyrinth of Codification of International Civil Procedural Law" and the "Latin American Network of International Civil Procedure", coordinated by Professor Valesca Raizer Borges Moschen. It started from the premise that the phenomenon of transnational families poses numerous challenges for the protection of the interests of minors who are subject to a plurality of jurisdictions. When discussing a divorce and custody action, when the minor does not reside with the parents or resides with only one parent, different jurisdictions will be involved and the jurisdictional definition criteria of each country may limit and compromise the court's judgment. A negative conflict of jurisdiction may occur, as both countries declare themselves incompetent to judge the demand. It may also be impossible to obtain a fair trial abroad, as you have to face charges that are too excessive to demand in that jurisdiction. Or, the plaintiff is faced with restricted access to justice, especially on foreign soil, when affected by wars or, still due to disasters. Such cases, where the denial of justice can be a reality. The objective is to investigate whether it is possible to use the principle of forum necessitatis in Brazil, even without any prediction of the phenomenon in the Brazilian legal system, for the resolution of transnational family custody disputes, in order to avoid denial of justice
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Forum Necessitatis , Acesso à Justiça , Atribuição de Guarda , Direitos Fundamentais , Denegação da Justiça , Access to justice , Assignment of the Guardianship , Fundamental Rights , Denial of Justice