Desafios do Direito de Família Internacional: casamento e uniões estáveis; alimentos e a subtração internacional de crianças

Abstract

In times of international mobility, the migratory 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 the same family tie, in addition to the involvement of socioculturals dissimilarities, the periodic intensification of migratory phenomens generates, consequently, 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 difficulties in the application of the more appropriate law (foreign or national) for marital property systems, international reproductive tourism, gender violence against foreign women and/or their sexual exploration, and multiples judicial inheritance process of assets located abroad. Despite such a significant list of prominent issues, two stands out with more predominance, due to 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 alimony’s enforcement and the ones in international parental child abduction. For this reason, a logical-deductive study is taken, based on international conventions, legislation, jurisprudence, and national and foreign doctrines. The main goal was the understanding of 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. An important focus was brought on the identification of issues that justify international parental child abduction, their legal and normative contributions offer ways to solve this very impactful problem.