The power of pro bono legal cooperation in promoting human rights: reflections from a case of international child abduction

Adriana Pires Gentil Negrão
Mattos Filho, São Paulo
adriana.negrao@mattosfilho.com.br

Flavia Regina de Souza Oliveira
Mattos Filho, São Paulo
flavia@mattosfilho.com.br

In the last decade. Brazil has experienced a significant increase in migratory flow, especially of immigrants from Latin America. This reflects both humanitarian and economic crises in the countries of origin and the search for better living conditions, consolidating Brazil as an important destination for Latin American migrants. In parallel, another social indicator continues to show increasing numbers in Brazil: cases of domestic violence.^[1]

According to the study ‘Anuário Brasileiro de Segurança Pública’,^[2] Brazil has recorded a worrying increase in cases of domestic violence against women. In 2024, 258,941 records of aggression resulting from domestic violence were recorded, an increase of 9.8 per cent compared to the previous year. The number of femicides also reached a new record, with 1,467 women murdered for reasons of gender, the highest mark since the crime was typified in 2015. The study also highlights that most victims are black women, who represent 63.6 per cent of femicide cases.

Specific data on immigrant women victims of domestic violence in Brazil is still scarce and underreported, reflecting the invisibility of this group in official statistics. It is in this scenario that pro bono advocacy is decisive for the realisation of rights. By mobilising technical capacity, organisation and cooperation networks, committed lawyers can act as bridges between vulnerable people and state structures, especially when the conflict involves more than one country.

At Mattos Filho, this practice is an institutional commitment. Since 2018, the firm has established a team dedicated exclusively to pro bono cases^[3] and has begun providing services to individuals, with a particular focus on supporting women experiencing violence as one of its main areas of work. To make the work viable, the firm has established partnerships with the Public Defender's Office and with civil society organisations that periodically refer cases for the provision of legal assistance by the firm.

In 2018, the firm entered into a cooperation agreement to receive cases from the Centro de Defesa e Convivência da Mulher Francisca Franco (CDCM), a public service in the city of São Paulo that supports women in situations of violence by providing psychosocial assistance, legal guidance and referrals to help them overcome the cycle of violence. Since then, the firm has welcomed numerous women and gained recognition for its advocacy of their rights. The expertise developed in this area has complemented the firm’s existing strengths across various teams, creating a powerful legal resource for those who typically lack full access to justice.

In February 2024, the CDCM forwarded T's legal situation to the office. The referral informed that T was a Haitian migrant woman who suffered domestic violence from her ex-partner, also Haitian, and with whom she had a Brazilian daughter, little H, who was four years old at the time. The CDCM also reported that T had protective measures in her favour and that her ex-partner was prevented from approaching her, as well as from visiting H.

Ignoring the judicial measures issued against him, on 17 July 2022, the father encountered T and H on the streets of São Paulo and violently took the child from the mother’s arms before disappearing. Despite T’s numerous efforts to locate her daughter – including obtaining a court order for the child’s search and seizure – the order was never executed, as the father could not be found.

Months later, T connected with the CDCM, which, after a tireless search, managed to locate the father through social media. He had travelled overland across nine Latin American countries before entering the US and was eventually found in West Palm Beach, Florida.

With this information, the CDCM contacted the Public Defender's Office, which, based on the Convention on the Civil Aspects of International Child Abduction (the Hague Convention), requested assistance from the Central Authority of the US.^[4]

After reviewing the case, the Central Authority of the US informed the Public Defender’s Office that lawyers from the firm Holland & Knight could act on behalf of T on a pro bono basis by filing an international child abduction action in Florida. As a result, the Public Defender’s Office instructed T to contact the firm and present them with all the details of the case.

The challenge was that, in addition to T not being fluent in English, the CDCM did not have a legal team capable of providing the Florida lawyers with all the details regarding the protective measures, divorce, custody and criminal proceedings involving the father in Brazil. It was at this point that the case was brought to Mattos Filho.

The firm welcomed T and meticulously organised the entire procedural history from Brazil. Through a series of meetings and extensive exchanges of emails and documents, the essential information from the various ongoing proceedings was compiled. Drawing on substantial experience in domestic violence cases, the team provided a detailed explanation of family law and women’s protection measures.

In November 2024, Holland & Knight lawyers filed an international child abduction lawsuit in the Florida court.

During the investigative phase, in addition to providing expert testimony on Brazilian law, the Mattos Filho team supported T and the other witnesses throughout the many hours of their court hearings.

The continuous dialogue between the teams allowed Holland & Knight to present to the Florida court a clear picture: the removal of the child from Brazil without the mother's consent, the unilateral custody already assigned to the mother and the history of domestic violence previously recognised by the Brazilian authorities.

On 10 June 2025, the positive outcome was announced: the court ruled in favour of the lawsuit, ordering H’s return to Brazil.

To enable the child’s return, international legal cooperation once again proved essential – this time involving multiple parties, including the Brazilian Consulate in Miami, the Ministry of Justice, the Federal Police and a civil society organisation responsible for accompanying the minor during the journey.

Thanks to this successful collaboration, mother and daughter were finally reunited in an emotional moment at São Paulo Airport in the early hours of July 2025, bringing an end to nearly three years of separation.

Certainly, the central figure throughout this story is T – a resilient mother who overcame barriers of language, culture, bureaucracy and the lengthy processes of the Brazilian judiciary, consistently choosing to persevere and move forward.

But it is also important to highlight that H’s return to Brazil stands as a testament to solidarity, international cooperation and the ethical commitment of the legal profession. This case demonstrates that access to justice – particularly for migrant women and women experiencing violence – requires coordinated efforts between the State and the legal community, which are often viewed in isolation by legal practitioners.

In this context, pro bono legal cooperation emerges as a powerful catalyst for social transformation, advancing the realisation of human rights and fostering a justice system that is more accessible and responsive to contemporary challenges. The challenge is set: to strengthen support networks, enhance mechanisms for international cooperation, and ensure that no victim is left unprotected in the face of complex transnational conflicts.

This story serves as both an inspiration and a reaffirmation of the vital role of pro bono work as a driver of social change and the fulfilment of human rights.