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

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 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 ill remains prevalent in Brazil: cases of domestic violence.[1]

The prevalence of domestic violence 

According to the study known as the Brazilian Public Security Yearbook (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 due to their gender, the highest number since the crime was formalised in 2015. The study also highlights that most victims are black women, who represent 63.6 per cent of femicide cases.

The case

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 human 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, pro bono practice has been an institutional commitment since 2018 when the firm established a team dedicated exclusively to pro bono cases,[3] with a particular focus on supporting women experiencing violence as one of its main areas of work. To make this work viable, the firm has established partnerships with public legal aid institutions and 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 a public service centre in the city of São Paulo (‘the Centre’) that supports women experiencing violence by providing psychosocial assistance, legal guidance and referrals to help them overcome the cycle of violence.

The Centre referred a legal situation involving a migrant woman who had suffered domestic violence perpetrated by her ex-partner and had secured protective measures in her favour that prevented him from approaching her or their child. Despite these measures, the father abducted the child and left the country. Once his whereabouts were identified, the Centre contacted the Public Defender’s Office, which, based on the Hague Convention, requested assistance from the central authority in the relevant country.

The competent foreign authority informed the local public legal aid office that lawyers from Holland & Knight could act on behalf of the mother on a pro bono basis by filing an international child abduction action. As the Centre did not have a legal team able to provide the lawyers with the full picture of the protective measures, divorce, custody and criminal proceedings underway in Brazil, the case was referred to Mattos Filho to help bridge that gap.

Mattos Filho began supporting the case and, through a series of meetings and exchanges of information with the foreign legal team, consolidated the essential facts from the various proceedings underway in Brazil, drawing on the firm’s experience in domestic violence matters.

Some months later, lawyers from Holland & Knight filed an international child abduction lawsuit before the competent court. Drawing on information provided by the Mattos Filho team, they presented a clear picture to the court: the removal of the child from Brazil without the mother’s consent, the custody already assigned to her and the history of domestic violence previously recognised by the Brazilian authorities. In time, the court ruled in favour of the lawsuit, ordering the child’s return to Brazil.

The implementation of the ruling

To enable the child’s return, international legal cooperation once again proved essential. This time the action involved multiple parties, including diplomatic and governmental authorities, as well as a civil society organisation responsible for accompanying the minor. Thanks to this collaboration, the mother and child were finally reunited, bringing an end to years of separation.

The central figure throughout this story is 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 the child’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.

The current state of play

The current legal landscape surrounding international child abduction reveals persistent structural gaps, particularly for migrant women and children in situations of vulnerability. Although the Hague Convention provides a robust framework for cross-border cooperation, its effective implementation often depends on resources, language proficiency and specialised legal knowledge that many affected families simply do not have. Court orders may be issued but remain unenforced once a party crosses international borders and disappears, exposing the limits of purely domestic remedies absent coordinated international mechanisms.

It is precisely in the gap between formal legal protections and their practical enforcement that pro bono legal cooperation plays a transformative role. Partnerships between private law firms, public defenders’ offices and civil society organisations, operating across jurisdictions, create the connective tissue needed to translate international legal instruments into concrete outcomes for vulnerable populations. As migratory flows continue to grow and cross-border family conflicts become more frequent, the scalability of these pro bono networks and the willingness of law firms in different countries to collaborate without cost to the parties involved, will be central to ensuring that access to justice does not depend on a family’s financial means, nationality or command of a foreign language.

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, including cross-border and inter-jurisdictional matters. 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.