Dr. Maurício Ejchel Advogado

UE scrutinize Brazil

Brazil’s New Era in Child Abduction Cases

Lawer-Brazil, Mídia Escrita & Jornais /

The IN 449/2022 resolution, implemented by the Brazilian judiciary, marked a significant shift in addressing international child abduction cases. Initiated in response to global criticism, particularly from the ICAPRA 2023 report and in collaboration with the Hague Convention, this normative instruction, effective from March 30, 2022, aimed to reform and standardize Brazil’s judicial processes. It introduced stringent deadlines, including a 30-day limit for mediation and a 15-day timeframe for responses, and streamlined the analysis of injunctions for the immediate return of children, thereby expediting case resolutions and ensuring a uniform approach across all Brazilian states.

This reform significantly improved the efficiency of Brazil’s handling of child abduction cases. By 2023, there was a notable 15% increase in the number of children returned, highlighting the resolution’s impact. IN 449 not only reinforced the legal framework against child abduction but also enhanced the protection of children’s rights and Brazil’s standing in the international legal community, particularly in family law.

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lawyer in brazil - dr. mauricio ejchel

U.S.-Brazil Relations on International Child Abduction

Lawer-Brazil, Mídia Escrita & Jornais /

In 2023, there was a significant 25% increase in the number of child return cases in child abduction situations, indicating a notable shift in the judiciary’s approach and understanding. This change underscores a heightened awareness and commitment among judges to improve the resolution of these cases.

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How to get married in Brazil

INTL BLOG, Artigos Recentes, Mídia Escrita & Jornais /

This article provides guidance on marriage and divorce processes in Brazil for those planning to wed a Brazilian individual. It explains that marriage in Brazil requires certain documentation for foreign nationals, such as a valid passport, a certificate of civil status from the home country, and various other documents translated into Portuguese. The legalization of these documents can be achieved via the Hague Apostille. A significant aspect of the marriage process is the selection of a marital regime, either the “Comunhão de Bens” (Communion of assets) or “Separação de Bens” (Separation of Assets). For those opting for Separation of Assets, a Prenuptial Agreement (Pacto Antenupcial) is essential. The concept of “Stable Union” (União Estável) is also introduced as an alternative to formalized marriages. Divorce in Brazil has been streamlined after the 2002 amendment to the Brazilian Civil Code. It can be processed through either the judicial or extrajudicial method. Lastly, the article touches upon child custody and visitation rights, emphasizing the importance of the child’s best interests and ensuring regular interactions between the child and both parents.

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Legal Disclaimer

Lawer-Brazil, Legal Article /

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Privacy Policy

Lawer-Brazil, Legal Article /

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Prenuptial Agreement in Brazil

Lawer-Brazil, Legal Article /

This article provides a thorough analysis of prenuptial agreements within the Brazilian legal framework. It delves into the complexities of different marital regimes available in Brazil, such as Communion of Property, Partial Communion of Property, Separate Property, and Participation in Acquests. The Separate Property regime is particularly emphasized, backed by its codification in the Brazilian Civil Code Articles 1,687 to 1,688. This option is highlighted as ideal for individuals who wish to maintain financial independence within marriage.

Additionally, the article outlines the procedural requirements for drafting a legally binding prenuptial agreement in Brazil. Steps include creating a public deed at a notary office and ensuring registration at the relevant Civil and Property Registry Offices. The text concludes by inviting readers who seek further clarification or guidance to get in touch for a more comprehensive consultation. Multiple references from legal texts and academic articles are provided to offer a rounded perspective.

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