Sean Case (O Globo- Ancelmo Gois - November 27 2011)

[JuliRosi]

Sean Case (O Globo- Ancelmo Gois - November 27 2011)

Google Translation

Sean if

 Tuesday, finally, the Supreme Court will judge the merits of the injunction given in 2009 by Justice Marco Aurelio for the Sean stay in Brazil until the final decision of the case. In it, Silvana Bianchi, grandmother, asked that Sean was heard to say if he wanted to stay or go to the U.S. with his father.
 But the injunction was revoked by the then Chief Justice, Gilmar Mendes, on Christmas Eve, remember? and the boy was delivered that same day to the American consulate.
 
In Thesis

If the Supreme Court gave the order now, Sean will have to return to Brazil.

[ProudDaddy]

IMO the Supreme Court will confirm the verdict of the lower courts, stating that David had the sole right to Sean's custody and could take him to US.

[LukieD]

IMO the Supreme Court will confirm the verdict of the lower courts, stating that David had the sole right to Sean's custody and could take him to US.

What is the STF actually ruling on, specifically, does anyone know? Are they only making a review of Gilmar Mendes' decision to unilaterally send Sean home (without the full court) or are they ruling on the STJ case regarding Sean & Chiara, or both? Just curious and to state the obvious, it would look more than a little ridiculous for the STF to reverse a decision it made almost two years ago to send an abducted child home now that he has re-acclimated at home with his father.

[a.marcos]

IMO the Supreme Court will confirm the verdict of the lower courts, stating that David had the sole right to Sean's custody and could take him to US.

What is the STF actually ruling on, specifically, does anyone know? Are they only making a review of Gilmar Mendes' decision to unilaterally send Sean home (without the full court) or are they ruling on the STJ case regarding Sean & Chiara, or both? Just curious and to state the obvious, it would look more than a little ridiculous for the STF to reverse a decision it made almost two years ago to send an abducted child home now that he has re-acclimated at home with his father.

as far as I know was to decide whether there was illegality in the return of Sean to the United States since he left Brazil without the Brazilian passport ... and according to the law, even if not always works, every Brazilian  need the passport to leave the country, and the passport Sean had, which must not be worth more, was in Brazil with the police federal.But I think it also has to do with Chiara.

[ProudDaddy]

IMO the Supreme Court will confirm the verdict of the lower courts, stating that David had the sole right to Sean's custody and could take him to US.

What is the STF actually ruling on, specifically, does anyone know? Are they only making a review of Gilmar Mendes' decision to unilaterally send Sean home (without the full court) or are they ruling on the STJ case regarding Sean & Chiara, or both? Just curious and to state the obvious, it would look more than a little ridiculous for the STF to reverse a decision it made almost two years ago to send an abducted child home now that he has re-acclimated at home with his father.

as far as I know was to decide whether there was illegality in the return of Sean to the United States since he left Brazil without the Brazilian passport ... and according to the law, even if not always works, every Brazilian  need the passport to leave the country, and the passport Sean had, which must not be worth more, was in Brazil with the police federal.But I think it also has to do with Chiara.

It doesn't make much sense to me as being an US citizen Sean left Brazil his his brand-new US passport. Anyone leaving Brazil is asked to show a passport, not necessarily a Brazilian one.

[MarieA]

What a waste of taxpayer money.  THIS is what the Court spends its limited time on??  It would be laughable if Brazil did not have real issues that need to be addressed and if Mr. Goldman and his son did not have their everyday lives to lead.  This is just harassment at this point.

Let it go.  This young man has other things to do with his life.

[caique mateus]

IMO the Supreme Court will confirm the verdict of the lower courts, stating that David had the sole right to Sean's custody and could take him to US.

What is the STF actually ruling on, specifically, does anyone know? Are they only making a review of Gilmar Mendes' decision to unilaterally send Sean home (without the full court) or are they ruling on the STJ case regarding Sean & Chiara, or both? Just curious and to state the obvious, it would look more than a little ridiculous for the STF to reverse a decision it made almost two years ago to send an abducted child home now that he has re-acclimated at home with his father.

as far as I know was to decide whether there was illegality in the return of Sean to the United States since he left Brazil without the Brazilian passport ... and according to the law, even if not always works, every Brazilian  need the passport to leave the country, and the passport Sean had, which must not be worth more, was in Brazil with the police federal.But I think it also has to do with Chiara.

It doesn't make much sense to me as being an US citizen Sean left Brazil his his brand-new US passport. Anyone leaving Brazil is asked to show a passport, not necessarily a Brazilian one.

A local Citizen is always required to show a local passport, no matter how many other nationalities he/she has. A child can be kidnapped if a parent shows only the "other" passport and claims that the child is going back home when in fact he/she is leaving it.

When in a Country where the person has no Citizenship, then one can show any passport he/she wants. In Portugal I'm Portuguese. In Brazil I'm Brazilian. In USA I can be either Brazilian or Portuguese. As a Brazilian I need a VISA, even as a tourist. As a Portuguese I don't need one.

I doubt that Sean left Brazil anyway in debt with the law when it comes to passport. A parent can just provide one with the authorities or the authorities can give a permission for the person to leave or enter the Country.

[rduffiel]

The STJ should be  ruling on sending all children held illegal in Brazil to their countries which has been lingering for years and stop catering to Silvana Bianchi and the Lins e Silva.  This case should not even  see the light of day, for Heaven sake, Sean is home with his father where he should be.

They should be embarrassed.
  

[ProudDaddy]

What a waste of taxpayer money.  THIS is what the Court spends its limited time on??  It would be laughable if Brazil did not have real issues that need to be addressed and if Mr. Goldman and his son did not have their everyday lives to lead.  This is just harassment at this point.

Let it go.  This young man has other things to do with his life.

Marie, the court cannot dismiss any case brought to it. If the matter is pertinent - yet irrelevant -they judges must have they say.

[MarieA]

Oh, I apparently misunderstood the article.  I thought it said the case had been accepted by the Brazilian Supreme Court.

I believe my misunderstanding stems from (having followed this case) knowing how often the courts in Brazil sought to not have to enforce even their own laws.  My misunderstanding is therefore a sad commentary on the needlessly long battle to return Sean Goldman to his father in New Jersey.

[lovellboys]

IMO the Supreme Court will confirm the verdict of the lower courts, stating that David had the sole right to Sean's custody and could take him to US.

What is the STF actually ruling on, specifically, does anyone know? Are they only making a review of Gilmar Mendes' decision to unilaterally send Sean home (without the full court) or are they ruling on the STJ case regarding Sean & Chiara, or both? Just curious and to state the obvious, it would look more than a little ridiculous for the STF to reverse a decision it made almost two years ago to send an abducted child home now that he has re-acclimated at home with his father.

Timing appears to be everything with these people.  We're coming up on the 2nd anniversary of his return so they have to show a little movement to get you-know-who back in the press.  Hopefully, they will make the return official, but I wouldn't put any money on it.

[liesl78]

Per what I've read, the news are inaccurate. I believe what they will judge is the merit on that HC way back, asking Sean to be heard re: where he wanted to live.