Banca de DEFESA: CAMILA OLIVEIRA DA COSTA
Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.STUDENT : CAMILA OLIVEIRA DA COSTA
DATE: 11/07/2021
TIME: 08:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:
CHALLENGES IN THE INTERNATIONAL FAMILY LAW: MARRIAGE AND COMMON LAW UNIONS; ALIMONY AND INTERNATIONAL PARENTAL CHILD ABDUCTION
KEY WORDS:
International Family Law. International Parental Child Abduction. International Alimony. Transnational Families.
PAGES: 138
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:
In times of international mobility, the migratoty phenomens have led to the formation of various types of transnational family relationships, which are characterized by the union of people from different nationalities or domiciles, or even by the incidence of multiples jurisdictions and laws in those relations. In fact, given the incidence of different laws in a family tie, in addition to the involvement of socioculturals dissimilarities, the periodic intensification of migratory phenomens generates, as a consequence, an increase in the number of international families, as well as their disorders.
Furthermore, the modern complexity of fluid family issues (such as marriage, marital property systems, informal marriage, divorce, alimony rights, custody, parental controls, and inheritance rights) brings new uncertainties, such as the difficulty in the practical use of the connection factors; divorces between people from different countries; impacts on the childrens’ international custody and questions of parental control; the lack of legal security for internationals informal marriages; the obstacles in the application of the more appropriate law (foreign or national) for maritals property systems; international reproductive tourism; gender violence against foreign women and/or their sexual exploration; and multiples judicial inheritance process of assets located abroad. It is greatly important to remember that the lack of
standardization regarding rules of international family law also characterizes extra troubles for the achievement of such harassed rights, especially in the sphere of international law. However, despite such a significant list of prominent issues that have to be faced, two stands out with more predominance, both because of their recurrence in practical application and also because of the vicissitudes and idiosyncrasies that the matter holds at the international level, which are the challenges in the alimonies enforcement and the ones in international parental child abduction. Therefore, starting from an affirmative hypothesis, a hypothetical-deductive study is taken, based on international conventions, legislation, jurisprudence and national and foreign doctrines. It was intended, in fact, to understand the nuances of International Family Law, including the consideration of fundamental rights involved in specific cases. At the end, pointing out the most important issues to understand and enable the concrete enforcement of international alimony demonstrates the impact of the issue in the complex contemporary society, affected by migratory movements and the speeds of current times. Likewise, identifying the issues that justify international parental child abduction, their legal and normative contributions offers ways to solve this very impactful problem.
BANKING MEMBERS:
Presidente - 1693362 - ANA BEATRIZ FERREIRA REBELLO PRESGRAVE
Interno - 010.069.614-70 - LEONARDO OLIVEIRA FREIRE - SESED
Externa à Instituição - MARIA ROSA GUIMARÃES LOULA