A DEFINIÇÃO DE “MATURIDADE SUFICIENTE” NOS CASOS DE SUBTRAÇÃO INTERNACIONAL DE CRIANÇAS: QUANDO A CRIANÇA ESTÁ APTA A PARTICIPAR DO PROCESSO JUDICIAL?

Abstract

This article analyzes the Brazilian jurisprudence, comparing it to the European one, to verify how the judges intepret the “degree of maturity” of the children in the international abduction lawsuits. Cases in which disparities were detected regarding the concept are evaluated, provoking discussion about the defining parameters to allow the children’s participation. If the target is to verify the best interests of the children, the children themselves should have a say on what they want: whether they object or agrees with the request for prompt return. It is suggested that attention should be given to these aspects and, if the manifestation is free of external influence, the federal court must observe the objection to prompt return, depending on the reasons indicated; in cases of doubt or uncertainty about the reasons given, this exception should not be used, under the penalty of weakening the conventional purpose.