On August 27, 2025, the Supreme Court of Brazil issued a landmark judgment concerning the application of the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Court unanimously affirmed that the Convention is compatible with Brazilian national laws and must protect children’s rights.
A central point of the ruling was the interpretation of Article 13(1)(b), which provides an exception to the immediate return of a child when there is grave risk of harm. The Court held that this exception must be read in light of the principle of the best interests of the child and from a gender-based perspective. Importantly, it clarified that domestic violence, even when the child is not a direct victim, can justify preventing a child’s return if objective and concrete signs of risk are present.
Beyond this interpretation, the Court mandated several structural reforms to ensure faster and more effective handling of international abduction cases. The recommendations included a resolution within 60 days to accelerate proceedings and ensure decisions are finalised within one year. .
Ultimately, the decision reinforces Brazil’s commitment to international cooperation while embedding constitutional principles of child protection and gender sensitivity. It establishes a comprehensive framework that balances swift international compliance with safeguarding vulnerable children and families from domestic violence risks.
Our friends at Revibra Europe share further details on the case here:
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