Decisão no STF sobre o AI David x Bruna

[acsgomes]

Saiu a decisão da 1a turma do STF no agravo regimental do David contra a Bruna:

http://www.stf.jus.br/portal/processo/verProcessoAndamento.asp?incidente=2642024

A decisão foi:

Decisão: A Turma negou provimento ao agravo regimental no agravo de instrumento, nos termos do voto do Relator. Unânime. Ausente, justificadamente, o Ministro Ayres Britto. Presidência do Ministro Ricardo Lewandowski. 1ª Turma, 18.05.2010.  

Alguém sabe se isso pode ter alguma implicação contra o David e a favor da família brasileira?

[M.Capestro]

If I'm reading all of this correctly, this is the official dismissal of the complaint filed against the 7/1 ruling ordering Sean's return to David / the U.S.

[acsgomes]

If I'm reading all of this correctly, this is the official dismissal of the complaint filed against the 7/1 ruling ordering Sean's return to David / the U.S.

No, this is the official dismissal of the complaint David filed against Bruna in the STF.

[André Felipe]

They just denied David's request to archive the case. The proceeding will continue, against Bruna's assets

[M.Capestro]

Thank you, André Felipe! I will be the first to admin that a lot of the legal workings are "above my pay grade."

[acsgomes]

They just denied David's request to archive the case. The proceeding will continue, against Bruna's assets

Ok.........David asked to archive the case based on the fact that Bruna died, and that was denied by the STF. If I understood correctly, the proceeding will continue, so the STF will have to rule about the decision of the STJ in favor of Bruna (now, her family represented by the "espolio") to keep Sean in Brazil. So, what are the consequences if the decision is in favor of the "espolio"?

[lovellboys]

They just denied David's request to archive the case. The proceeding will continue, against Bruna's assets

Ok.........David asked to archive the case based on the fact that Bruna died, and that was denied by the STF. If I understood correctly, the proceeding will continue, so the STF will have to rule about the decision of the STJ in favor of Bruna (now, her family represented by the "espolio") to keep Sean in Brazil. So, what are the consequences if the decision is in favor of the "espolio"?

moot point - the US, NJ specifically, has jurisdiction now.  I would be concerned about the impact on current and future cases, but any decision against David would not mean Sean goes back.

[phillyone]

ok, I'm lost.. What case is this all about?

[André Felipe]

moot point - the US, NJ specifically, has jurisdiction now.  I would be concerned about the impact on current and future cases, but any decision against David would not mean Sean goes back.

Exactly. In any case, Sean's current situation won't be changed. But I think an unfavourable decision (favourable to Bruna) would be a bad precedence for others LBPs that are "fighting" against the mothers of the children. I think this proceeding should be archived, not only because Bruna is dead, but because Sean returned and it was decided in another proceeding. That's strange to me, and it worries me.

[Bree]

How can Bruna fight a case from her grave?  It should be archived.  Case closed!

[phillyone]

I'm not sure I quite understand this.. but I hope whatever it is is a good thing for David!