Mediação em prestação internacional de alimentos à criança e à família (2025)

MEDIATION IN CROSS-BORDER FAMILY MAINTENANCE AND CHILD SUPPORT

Revista Direito.UnB, 2020

This paper aims to demonstrate that mediation is a more desirable, faster and effective way to facilitate cross-border maintenance and child support. Out-of-court mechanisms, such as mediation, are used in family disputes resolutions in some countries. Brazil has adopted a Mediation Law, which recognises party autonomy to reach an agreement on family issues resulting from extrajudicial mediation. However, an agreement on family matters related to unavailable but negotiable rights, involving children or vulnerable persons, must be ratified by a court, and the intervention of the public prosecutor’s office is required. Diversity of legal sources makes private international law very peculiar, because it creates channels to facilitate recognition of foreign decisions or agreements abroad. The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance has been adopted to facilitate cross-border recovery of maintenance, and amicable solutions between creditor and debtor in order to obtain voluntary payment of maintenance have been encouraged. In this scenario, central authorities have a proactive role to promote and encourage the use of ADR methods such as mediation, conciliation or similar processes. States should recognise cross-border maintenance rights and facilitate international legal cooperation to enforce decisions and private agreements related to maintenance obligations, and should respect legal and cultural diversity.

Intervention in family conflicts through mediation from the comparative perspective of Brazil and Portugal legislation

Oñati socio-legal series, 2022

The jurisdictional function of a country plays an important role in the resolution of family conflicts, causing a high number of lawsuits. However, the ability to resolve conflicts of this nature is not exclusive to the judiciary, it being possible for other ways, with help of a third party other than the State. Given the growing number of disputes that can be resolved extra judicially, the need for more investment in the development of other means of conflict resolution, such as mediation, to achieve social peace remains evident. This article aims to compare some aspects of mediation in Brazil and Portugal, seeking to focus especially on family conflicts, investigating similarities, equivalences and differences between the family mediation guiding principles in Brazil and Portugal. For this effect, it was privileged bibliographical and legislative research, with qualitative comparative analysis, which led to the conclusion that, despite the differences, the two The present work was carried out with the support of CAPES, Coordination of Improvement of Higher Education Personnel-Brazil.

THE LEGAL FRAMEWORK OF MEDIATION IN BRAZILIAN LAW

The text analyzes the introduction and evolution of the legislative treatment given to the institute of mediation in Brazilian law, from Bill No. 4,827/98 up to the Bills of the Ministry of Justice (ENAM) and the Federal Senate. Along the way we also examine the text of the Project for a new CPC (Code of Civil Procedure) and Resolution No. 125/10 from the National Council of Justice. At the end the principal aspects and trends for our legal system are set out.

“International Family Mediation: Recent Developments” in Part II. Divorce, en Stark, Barbara y Heaton, Jacqueline (Edits.) Routledge Handbooks of International Family Law, University of South Africa, 2019, pp. 110- 123.

Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practitioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.

Results of mediation and cross-border enforcement of mediation agreements

ERA Forum, 2013

The Author identifies three different methods of enforcing a cross-border mediated agreement. The first method consists in obtaining the enforcement in the Member State where the agreement was reached. The second method consists in making the mediated agreement, which has not been yet declared enforceable in the Member State in which it was concluded, enforceable in the State where the enforcement should take place. The third and last possibility in order to enforce a Cross-border agreement within the European Judicial Area consists in using the Regulation No 805/2004 and No 44/2001.

CONFERENCE ENFORCEMENT OF FOREIGN DECISIONS CONCERNING CONSENSUAL DIVORCE IN BRAZIL: THE DEVELOPMENT OF A MULTIDOOR COURTHOUSE IN FAVOR OF INTERNATIONAL JUDICIAL COOPERATION

CONFERENCE ENFORCEMENT OF FOREIGN DECISIONS CONCERNING CONSENSUAL DIVORCE IN BRAZIL: THE DEVELOPMENT OF A MULTIDOOR COURTHOUSE IN FAVOR OF INTERNATIONAL JUDICIAL COOPERATION, 2024

Collected data shows a relevant increase in the number of international judicial cooperation requests involving Brazil in the past decades. Brazilian Ministry of Justice informs that in 2002 there were 2.896 requests, while in 2021, this number reached the total of 6.396, which means an increase of more than double in less than two decades. In response to this new scenario, Brazilian Civil Procedure Code of 2015 brings forth a series of procedural measures meant to provide the reduction of bureaucratic obstacles to such requests, with the goal of strengthening international judicial cooperation between Brazilian and foreign judicial systems. Those measures include, for instance, the establishment of the principle of equality between nationals and foreigners in terms of access to justice, spontaneity in the transmission of information to foreign authorities, admissibility of foreign forum selection clauses, and recognition of foreign interlocutory injunctions. But one of the most “avant garde” dispositions in the Brazilian Code is, beyond any doubt, the dismissal of recognition by the Brazilian Superior Court of Justice of foreign decisions concerning consensual divorce. Article 961, paragraph 5, of the Brazilian Civil Procedural Code rules that the Brazilian Public Notary who registered the marriage is competent to analyze the legal requirements prior to registering the divorce and, through this, importing the effects of the foreign decision. In fact, the Superior Court of Justice is, until now, the only judicial authority in Brazil with attribution to fulfill the most relevant measures of international judicial cooperation, especially the recognition of foreign decisions. However, recent context reveals the need for a bolder development in such a continental country. Owing to this, our presentation will analyze the “giudizio di delibazione” done directly by the Notary Public, in an attempt to reach a balance point between the right to a speedy ruling and the procedural rules, as a way to develop a comprehensive system for judges and other law professionals around the world, in a real “international multidoor courthouse”.

Alternative dispute resolution in family disputes in Europe and Chile: mediation

Revista Direito GV, 2019

The purpose of this paper is to examine whether the issues in family mediation are similar in Europe and Chile. The use of mediation in the world represents a significant progress in protecting family agreements and their autonomy. We conclude that Europe and Chile have to pay special attention to the quality control mechanisms and training of the mediators in family disputes.

Globalization of Family Mediation Rooted in Children’s Rights

BRAZIL'S NEW MEDIATION LAW AND THE IMPACT ON INTERNATIONAL BUSINESS DISPUTES

Dispute Resolution Journal, 2015

Article writen with Paul E.Mason about the edition of Brazilian Mediation Law.

Cross-Border Mediation in Spain