INTERNATIONAL CHILD ABDUCTION AND PROMPTNESS IN INTERNATIONAL LEGAL COOPERATION FOR RESTITUTION

LESSONS FROM THE CÓRDOBA CASE FOR BRAZIL

Abstract

This article analyzes the Córdoba vs. Paraguay case, the first to be judged by the Inter-American Court of Human Rights (IACHR) concerning international child abduction. The primary objective is to examine how the delay in the restitution process impacted the rights of both the father and the child, in light of the prompt due process required in international legal cooperation, as stipulated by the Hague Convention on the Civil Aspects of International Child Abduction (1980). The method adopted is a critical analysis of the IACHR’s jurisprudence, compared with international legal standards and a recent decision from the Brazilian Superior Court of Justice (STJ) issued in 2024. The study demonstrates that the lack of procedural speed in the Córdoba case resulted in serious violations of the right to family life and the enforcement of judicial decisions, damaging the bond between father and child. As a result, the IACHR recognized these violations and ordered financial reparations but did not mandate the immediate restitution of the child, taking into account the expressed wishes of the youth. In the Brazilian context, there has been progress with the enactment of CNJ Resolution No. 449, but a recent STJ decision revealed judicial resistance to fulfilling the duty of promptness in international legal cooperation for the restitution of children in Brazil. The research concludes that the effective application of the Hague Convention requires a swift judicial process and efficient international cooperation to prevent harm to families and to deter abduction and parental alienation.