advocacia internacional;

Act of Fraudulent Commission of Reality

Lawyer-Brazil, Mídia Escrita & Jornais /

The article discusses the Act of Fraudulent Commission of Reality (ACFR), a pattern where abducting parents manipulate reality to legitimize international child abductions. Employing strategies like false allegations of abuse and legal maneuvers in the destination country, these actions aim to obstruct the child’s repatriation under the 1980 Hague Convention. Statistical data from the Hague Conference on Private International Law shows a significant rise in invoking Article 13(1)(b) to justify non-repatriation due to alleged risks to the child. This highlights the need for rigorous examination of such claims to ensure they are not exploitations of ACFR tactics, safeguarding the child’s best interests.

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Filing for Divorce from a Brazilian Partner

Mídia Escrita & Jornais, Artigos Recentes, INTL BLOG, SEM CATEGORIA /

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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UE scrutinize Brazil

Brazil’s New Era in Child Abduction Cases

Lawyer-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

Lawyer-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

Lawyer-Brazil, Legal Article /

LEGAL DISCLAIMER When you contact MF EJCHEL INTERNATIONAL ADVOCACY, you are not creating an attorney-client relationship. In order to create an attorney-client relationship, you must formally retain MF EJCHEL INTERNATIONAL ADVOCACY by signing a written retainer agreement. Please do not transmit any confidential information to MF EJCHEL INTERNATIONAL ADVOCACY until a relationship has been established

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