BRAZIL Law and Practice Contributed by: Adriana Chieco, Camila Ieracitano Macedo Maia and Mabel Tucunduva Prieto de Souza, Chieco Advogados
ent or judicial authorisation is necessary to prevent potential issues of parental alienation, as the reloca - tion may impact the left-behind parent’s visitation rights. Both parents, regardless of their marital status, share full parental authority, which includes the right to grant or deny consent for a permanent relocation to another city or state.
of the conventions for international abduction are pre - sent. If they are, and the central authority is unable to contact the parent who is holding the child and to mediate the situation, the central authority will forward the request to the Federal Attorney General’s Office (AGU) to file a lawsuit pleading for the search, seizure and return of the child before the federal court. If the country from (or to) which the child has been abducted is not a signatory member of the Hague Convention or any bilateral treaty, the case will still be considered an international abduction, but the lawsuit in Brazil will be filed before one of the lower courts (ie, a state court, not a federal court) and will be con - ducted along the same lines as a custody lawsuit. Letters rogatory may be issued to the country where the abductor parent is with the child, and the federal police may be asked to include the abductor parent’s name and the child’s name on Interpol’s “wanted” list. The left-behind parent may also file a lawsuit before the non-signatory country. The chances of success - fully returning the child vary from country to country. On the criminal side, abduction of children under the age of 18 is considered a crime, with a penalty of two months to two years of imprisonment. The judge may, however, waive the penalty if the child is returned safely. 3.3 Hague Convention on the Civil Aspects of International Child Abduction Brazil has been a signatory to the 1980 Hague Con - vention since 2000, when Decree No 3413 of 14 April 2000 entered into force. The Brazilian government has its own channels for dealing with cases of international abduction. Through the government’s official website, it is possible to obtain information and access the official contact email address. In Brazil, it is not mandatory for the left-behind par - ent to retain an attorney since the lawsuit can be filed through the AGU, which defends the interests of the Union – ie, compliance with the obligations contracted by Brazil in the Convention. The Union also provides
3. Child Abduction 3.1 Legality
In Brazil, it is illegal to take a child or adolescent (ie, an individual under the age of 18) away from their habitual residence without the consent of both parents, unless there is a judicial decision that replaces the consent of the refusing parent. The Hague Convention, however, is only applicable up to the age of 16. 3.2 Steps Taken to Return Abducted Children Brazil became a signatory member of the Hague Convention through Decree-Law No 3413 of 14 April 2000. Accordingly, the return of a child who has been removed from Brazil, or is being retained within Brazil - ian territory, without the consent of one of the parents must follow the procedural rules of the Convention, provided that the other country involved is also a member. The procedure can take place exclusively through the central authorities of both countries or, if the left- behind parent wishes and is able to retain a private attorney, directly through the filing of a lawsuit before the local federal court asking for the search, seizure and return of the child. The role of the Brazilian central authority is exer - cised by the Federal Administrative Central Authority (ACAF) and the General Coordination of Adoption and International Abduction of Children and Adolescents, part of the Ministry of Justice. The central authority receives and sends requests for international legal co- operation for the return of children abducted by their parents or relatives. When a request from another signatory state is received by the Brazilian central authority, they ana - lyse the request and check whether the requirements
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