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Brasile

Informazione paesi

Brasile

1. International Family Mediation

Family mediation, in Brazil, is legally recognised, commonly implemented and encouraged by the State. Family mediation is not mandatory, but judges encourage it and schedule a conciliatory hearing at the beginning of the judicial proceedings. It should be noted that cases involving domestic violence may be considered unsuitable for mediation.

According to the Code of Civil Procedure (2015) and the Mediation Act (2015), mediators can be chosen by parties (out-of-court mediation), either appointed by the judge (in-court mediation). In-court mediators are trained through courses recognised by the National School for the Training and Improvement of Magistrates (ENFAM). You can find a family in-court mediator in your region in the National Registry of Judicial Mediators and Conciliators (website in Portuguese).

There is, to our knowledge, no specialised structure for international family mediation in Brazil, but the Central Authority established in Brazil under the 1980 Hague Convention provides mediation in cross-border family conflicts.

1) Brazil is a Party to the 1980 Hague Convention.

The 1980 Hague Convention: a multilateral treaty which provides procedural guidelines on the return of children and their protection in cases of international parental child abduction.

Contact Central Authority established in Brazil for cases of child abduction (operational languages: English and Portuguese).

2) Brazil is a Party to the 1989 Inter-American Convention.

The 1989 Inter-American Convention: a multilateral treaty among 14 American States that, similar to the 1980 Hague Convention, secures the prompt return of children who have been wrongfully removed from their country of residence.

Contact the Central Authority established in Brazil designated under the 1980 Hague Convention to find out whether the Inter-American Convention prevails in your case and learn how to initiate an application for return of your child (operational languages: English and Portuguese).

3) Brazil is not a Party to the 1996 Hague Convention.

The 1996 Hague Convention: a multilateral treaty which determines jurisdiction, applicable law, co-operation in respect of parental responsibility and access rights, as well as civil and public measures for the protection or care of children. 

You can determine whether all countries relevant to your case are Parties, or not, to the 1980 Hague Convention on International Child Abduction, the 1996 Hague Convention on Child Protection and/or the Inter-American Convention on the International Return of Children  in order to locate the appropriate central authority. As for the 1980 Hague Convention, you can check whether the Convention is in force between two specific States in the Spreadsheet showing acceptances of accessions to the Child Abduction Convention.

Defensoria Pública da União (DPU) provides legal assistance and legal aid in international cases to people with low income, in particular, regarding migration, asylum, refugee, cross-border family and divorce matters. DPU offers also women rights protection and LGBTI rights protection (website in Portuguese).

The Specialised Reference Centers for Social Assistance (Creas) are public units of social assistance providing people at risk or whose rights are violated with information, legal advice, social support and help in accessing personal documentation. The services are free-of-charge. You can find a Creas in your municipality directly here by clicking “Selecione um município” on top of the page and choosing your town and county (website in Portuguese).

Serviço Social da Indústria (SESI) is a private non-profit organisation, which promotes the life quality of workers and their families, including education, social corporate responsibility of industry, etc. The organisation provides psychosocial support to workers and their families in its 27 regional departments, located across the country. You can locate a SESI regional department in your town directly here by typing “SESI” under “Unidade” (website in Portuguese) or call to their helpline at  0800 51 8555. Languages of communication: Portuguese and Spanish.

4. Child Welfare Services

The Specialised Reference Centers for Social Assistance (Creas) are public units of social assistance providing families with children with information, legal advice, social support and help in accessing personal documentation. The services are free-of-charge. You can find a Creas in your municipality directly here by clicking “Selecione um município” on top of the page and choosing your town and county (website in Portuguese).

The Ministry of Human Rights provides National Registry of Tutelary Councils (look for a tutelary council in your county from p. 27). The tutelary councils’ mission is to ensure the rights of the child by fighting against neglect, sexual exploitation and physical and psychological violence, among other violations (website in Portuguese).

SOS Children's Villages in Brazil provide the Family Strengthening Programme to support families who are at risk of breaking down and work directly with families and communities so that they can protect and look after their children. They work in 27 towns and you can contact their National Office directly here (website in Portuguese).

Cáritas Brasileira conducts the Childhood, Adolescence and Youth Program (PIAJ) which aims to protect the child rights and provides various kinds of support to families and communities. You can find a regional Cáritas in your town here or contact directly their head office here (website in Portuguese).

5. Support to Bi-National Couples, Cross-Cultural and Migrant Families

The Migration and Human Rights Institute (IMDH) is a non-profit organisation with a mission to promote and protect migrants and refugees rights. The Solidarity Network for Migrants and Refugees (A Rede Solidária para Migrante e Refugiados) run by the Institute currently has about 60 entities spread throughout Brazil, which provide information, legal and psycho-social support to migrants and refugees. You can find a Network member in your town directly here (website in Portuguese).

Cáritas Brasileira provides refugees with reception and integration services as well as with legal assistance in its Refugee Reception Centers (website in Portuguese).

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