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Supreme Reverts Lower Court: American Boy Sean Stays in Brazil

David Goldman and son Sean American David Goldman, after a five-year judicial fight to have custody of his biological son, arrived in Rio de Janeiro for what he expected would be his reunion and trip back home with 9-year-old Sean Goldman. This will not happen.

A Federal court had determined on Monday that the child would be returned to him this Wednesday, June 3. A Supreme Court ruling, however, has voided the lower court decision, and Sean will now continue with his stepfather, João Paulo Lins e Silva, in Rio, for an indefinite time.

Supreme justice Marco Aurélio Mello took his decision in response to an emergency request made by senator Francisco Dornelles, the president of the obscure Progressive Party (PP), part of the ruling coalition that dominates Brazil.

Dornelles argued that the whole process was going too fast for the good of the boy, that the case had become over politicized and that Sean, being Brazilian, could not be "extradited." Sean was really born in the state of New Jersey, but he has dual citizenship, since his mother was Brazilian.

Sean's mother, Bruna Bianchi Carneiro Ribeiro, took the boy to Brazil when he was 4, for what should be a two-week vacation. But she never went back. She then married lawyer Lins e Silva.

Last year, Bruna died while giving birth to a child from her new husband. Even after her death, however, Lins e Silva kept the guardianship of the little boy, arguing that the child would not adapt to a life in the United States.

The Supreme Court's fast decision once again shows how powerful Lins e Silva and his family are in Brazil. Dornelles seems to have decided to interfere in the case only because he is a good friend of the Lins e Silvas. Now is the turn of Goldman's lawyer to appeal the Supreme decision.

Sean is the focus of a judicial dispute between Brazil and the United States, which has already reached the highest echelons in both governments. US Secretary of State, Hillary Clinton and the US Ambassador in Brazil, Clifford Sobel, had pleaded in favor of Goldman. During his visit to Washington, Brazilian president Luiz Inácio Lula da Silva was also questioned by US president Barack Obama about the boy.

It's not clear how long will it take for the Brazilian Supreme Court to make a final decision in this case. Some believe that this will happen in two weeks. But others say that it might take several weeks or even months.

On Monday, Rio's federal judge Rafael Pereira Pinto had ruled that the Brazilian family had 48 hours to return Sean to the American Consulate in Rio, where Sean would be delivered to his father.

The lawyer for Lins e Silva, Sérgio Tostes, had filed his own petition, Monday night, before a Rio Regional Federal Court in an attempt to reverse the first ruling and prevent Sean from joining his father. The PP appeal was considered even before Tostes's request. The lawyer explained:

"The appeal that was considered by the Supreme was not mine. It was the one from the PP. This warrant is enough, however, to guarantee that Sean stay in Brazil until there is a trial in the Supreme. I was very pleased to hear about this decision."

Tostes believes that trial in the Supreme will happen within two weeks and says that he is confident that his side will end up winning the case.

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  • Show Comments (49)

  • Sylvia

    BORN IN THE UNITED STATES OF AMERICA (USA)
    He is an AMERICAN Citizen. How would his stepfather feel if someone took his daughter to another counyry? He has not right to another man’s son. Have his own son… Same story as to Anna Nicole’s daughter, she was rightfully given to her biological father after her mom died. Also, that was kidnapping of a child you hove no authority to have. The United States should pursue to prosecute all involved in keeping this boy out of the rightful hands of his biological father. As I said before “BORN IN THE USA”! NOT IN A THIRD WORLD COUNTRY!

    I also know people from Brazil and they don’t want to ever go back there, evendently there is a reason why they are pursuing a USA Citizenship. How many Americans are pursuing a Brazilian Citizenship? Give us back our child you thieves!!!!!!

  • Julie Stergar

    Supreme Reverts Lower Court
    I think this entire situation is sad. It’s sad for the father and it’s sad for the boy. The only one I don’t feel badly about is a step father that cared so little for the child as to put him through this instead of trying to find an amiable way to resolve it. There is absolutely no doubt the father has rights to know his son. As it is now, he has not been afforded those rights at all. There is no doubt the child should be able to maintain a relationship with his half-sister and his step-father. There must be some way to allow this to happen. Instead of the step-father wasting all this money for a lawyer to keep the child there full time, he could be using that money to allow the child to have some kind of resolution to having all members of his family to get to be a part of his life. I do feel that Brazil is full of corruption to allow this to happen and go on for so long. His father has been fighting since the day the child left. I can only imagine the pain he has suffered. I hope they resolve this soon, the only problem is: now if the father wins and gets his son back, he will be too afraid to let him go visit in Brazil again and I can’t say that I blame him at all.

  • dnbaiacu

    Natural laws… Are simple
    The crime was the mother taking the child like she did. And the grandparents backing that decision.
    FORGET THE COURTS. !! That family will pay by natural karma in the future. By the time he’s in his teens and gets the real story through the media and the public at large the drama at home WILL begin. The dad isn’t going anywhere. That’s IF some mafia doesn’t put a hit on him anytime soon. 😉

  • dnbaiacu

    A reason for the perpetual party.
    This is why partying is the rule of the day in Brazil.. Nothing else works! 😀 😀 😀

    This case is making history and that family will have to do ALOT of mental manipulating over the years to come to justify their position to the growing child. More than likely everyone will live to regret this decision. The child will be famous for the rest of his life over this. It won’t be hidden. How can they expect him to accept this in the long run?….Just because his moms family is influential? … The humane thing to do is allow the child to be with the parent that obviously wants and loves him.. They can always “visit” the Brazilian side of the family. You cannot allow “emotion” to defy reason. No matter how typical that is in Brazil. How do you deny a child precious childhood years from a father that loves him? You can’t get that back. As a teen or an adult he can always CHOOSE to visit his Brazilian side of the family.
    You can’t make right out of wrong.. You just can’t…. 🙁 🙁 🙁
    WOW…..

  • Gerson Vainer

    Battle against nations? WhereÀ‚´s the child interests?
    Anyone asks about why his mother left USA? What kind of father he had there? Anyone could imagine the childÀ‚´s opinion? ItÀ‚´s not about Brazil or USA, itÀ‚´s all about who will be responsible for the child wellness. What a shame this subject about fight between nations. LetÀ‚´s see whatÀ‚´s the best for the child… Not who is winning the battle…

  • Nan

    Five years of emotional abuse is in the best interest of the child??
    So, Perplexed, you think it was in the best interest of the child to keep him from experiencing this kind of relationship with his own father?? Would you feel differently if his father had kept him from his mother’s family for all of these years and fed him lies about them? Just because a person is held hostage for five years, does not make the the kidnappers the appropriate guardians for the victim. The boy doesn’t know his father because his mother’s family has not allowed him to know him. They have lied to him and brainwashed him to their own advantage–emotional abuse at its worst. They have been unforgiveably selfish. Sean will know the truth one day and resent them for what they have stolen from him. There was a time when Sean could have lived where he belonged with his father and could have visited and loved his mother’s family as well. The mother’s family and stepfather ruined any chance of that by withholding his father’s love from him. I hope they feel that his childhood years of love were worth the resentment and distrust he will have for them as an adult.

  • Julia

    (Sean & grandma)???
    Yes! The result of five years of lies, efforts at parental alienation, showing pitiful weakness of character and inability to guide an adult (now deceased) daughter to make informed, intelligent decisions. It is unthinkable that Silvana could be entrusted to raise a child. Any child. May God have mercy on her misguided soul.

  • Perplexed

    The best interest of the child — 5 years later (Sean & grandma)
    http://revistaepoca.globo.com/Revista/Epoca/foto/0,,19018474,00.jpg
    http://revistaepoca.globo.com/Revista/Epoca/foto/0,,18971015,00.jpg

  • Nan

    Marcelo,
    If your spoken English is as poor as your written English, I can see why you may be losing your job. Why did you come to the US in the first place? What was so bad about Brazil that made you leave? Don’t let us keep you from your return trip…you won’t be missed.

  • forrest allen brown

    1 TRILLION
    Marcelo
    DID YOU KNOW THAT THE STATE OF TEXAS HAS A GRATER GNP THAN THE COUNTRY OF BRASIL

  • Marcelo

    US DEFICIT NEARLY $ 1 TRILLION IN FIRST HALF OF FY2009
    reuters.com À¢€” The U.S. budget deficit almost hit $1 trillion during the first six months of this fiscal year which began on October 1, according to estimates released on Monday by the Congressional Budget Office.

    SEE SYLVIA STUPID AMERICAN IMBECILS!!!!!! YOUR COUNTRY WILL BANKRUPT!!!!

    YOU WILL BANKRUPT IF YOU ARE NOT SHOOTED BEFORE BY A WHITE SUPREMACIST DRIVING CRAZY AS USUAL!!!!!

  • Marcelo

    How many Americans are pursuing a Brazilian Citizenship? BRAZIL IS INFESTED WITH AMERICANS YOU IDIOT!
    I also know people from Brazil and they don’t want to ever go back there, evendently there is a reason why they are pursuing a USA Citizenship. How many Americans are pursuing a Brazilian Citizenship?

    IN TODAY’S US ECONOMIC DECAY, LOTS OF AMERICANS ARE PURSUING A PASSPORT FROM BRAZIL. DON’T YOU SEE BRAZIL’S INFESTED WITH LOTS OF THEM????? THEY DON’T WANT TO FILE FOR BANKRUPTCY FOR NOT BEING ABLE TO PAY THEIR MEDICAL CARE BILLS ESPECIALLY IF THEY HAVE A MEDICAL INSURANCE!!!! MEDICAL COMPANIES REFUSE TO COVER THE ENTIRE TREATMENT THEY HAVE TO BE SUBMITTED WEHEN IN TROUBLE!!!! AMERICA IS A SHITTY COUNTRY!! STUPID AMERICANS HAVE TO SELL THEIR HOMES TO PAY THEIR $200,000 MEDICAL BILS. I BEEN HAVE LIVED HERE FOR 8 YEARS AND HAVE PLANS TO RETURN TO BRAZIL YOU IDIOT AS MANY FRIENDS OF MINE INTEND! BTW BRAZILIANS, LOTS OF THEM ARE RETURNING BECAUSE THEY ARE ABOUT TO LOSE THEIR JOB IN THE US MARKET, FEELING BRAZIL AS A SAFER HARBOR, WITH A MORE STABLE ECONOMY. YOU TOO ARE GOING TO LOSE YOUR STUPID JOB YOU PIECE OF TRASHHHHHHHHHHHHH.

  • leelee

    Reason
    I commend the Lins de Silva family for trying to act in the best interest of the boy. It would be a lot easier for them to let the boy go than to have this publicity. Maybe he wants to honor the wishes of his departed wife. The problem is that they have no right. It is up to the natural father to say where his son will or will not live as long as he is able to provide for his child. When we have children we should have the final say in where our children should live. Mr Goldman has been deprived of his son long enough. It is because of the crime of the mother keeping the child away from the other parent that he has not known the love of his father. He has not experienced that. Sean has a right to live and receive the love his father. The longer this goes on the most unfair it is the Sean. He must be returned to his father as soon as possible. There should be a transistion period so that he can adapt to his home with his father. It will be difficult. Please don’t deprive him of the opportunity to grow up with his father. His mother is gone and his 1/2 sister is just a few months old. He needs his father. Mr Goldman has the right to say how his child should be reared. What values he should have. He never gave up that right it was stolen from him. Do not continue to perpetrate this evil

  • Forrest Allen Brown

    LULA SAID
    it is very important to bring back all the bodies to reunite them with there familys .
    THEY ARE DEAD BUT IT IS MORE IMPORTANT TO GIVE THEM BACK

    than it is to give back goldman his son

  • Forrest Allen Brown

    WONDER HOW MANY BRASILIANS
    living in the US want to take there kids back to brasil and put them in school
    make them live there and grow up under such a justice system .
    lets find out stop all visa to the US for brasilians going to school .
    working in the US , and tourist visa for them also .
    stop the green card lottery for them .

    then see how many rich people contact there friends in power there to up hold the law
    entered into by brasil and its government

  • Pennylane

    Supreme Reverts Lower Court: American Boy Sean Stays in Brazil
    WELL DONE, WELL DONE.

  • West Coast

    Just goes to show you that Brazil’s not ready.

  • Zeke

    [quote] The arrogance of vanity has a financial price that I am sure no Brzilian’s ego is willing to pay the currently incurred damages. [/quote]

    You really don’t know much about Brazilians, do you? Most Brazilians – and ESPECIALLY the elite (who can afford it) – will follow the family honor straight off a plank, if necessary. Plus, I highly doubt money is much of an obstacle for the L&S.

  • Fred

    8 kids were aborted yesterday in the county where I live. About 8 will be aborted today. 8 more will be aborted tomorrow. 8 more will be murdered on Monday. The county has 400,000 people and is located south of Toledo. Sean belongs with Mr. Goldman, not the kidnappers. Having said that, we as Americans are not on the moral high ground when it comes to care of children, especially as to Brazil where abortion is illegal.
    As for corruption, we have legalized it via campaign contributions. When was the last time one of the angels in the United States Senate was expelled for anything? At least 4 Brazilian senators have been expelled during the last decade, two because they discovered the results of a secret vote to expel another senator. Government institutions here, like Fannie Mae and Freddie Mac, generate a global recession, and nobody is accountable.
    Zeituni Onyango—she’s the one who can tell us whether or not U.S. law is applied evenly. She’s illegal. She’s still here. Just ask her nephew. He lives in a national park at 1600 Pennsylvania Av.

  • aes

    Aiding and abeting of kidnapping is a first degree felony. The seizing of assets held in American financial institutins and confiscation of travel documents of those participant parties should test the love of the step parents until such time that they are tried in an American court for felonious kidnapping, and abduction. The psychological damage alone should garner millions of judgments. The arrogance of vanity has a financial price that I am sure no Brzilian’s ego is willing to pay the currently incurred damages. Sooner or later ther perpetrators of this frace will be presented with a bill exceeding anthing they have experienced in Brazilian jurisprudence.

  • Zeke

    “Eye for an eye…”?
    An eye for an eye until the whole world’s blind? Blind nationalism? Rabid ideologies…?

    This, from a citizen of a country engaged in two illegal wars whose president cheerfully told the entire world “its our way or the highway”? From the citizen of a country which feels it can ignore the Geneva Conventions, the U.N. and any lil’ ol’ international law it likes?

    Please… 😛

    The United States can go piss up a rope as far as I’m concerned. Like I said, Sean will be fine no matter who gets him, but the spectacle of Americans frothing at the mouth in impotency is just too amusing and I hope it lasts as long as the L&S can drag it out.

  • ch.c.

    How funny Americans from North and South are !!!!!!
    Concerning ZE with the pictures of 3 corrupted U.S. officials, he is 100 % correct, but….but….but he miserably failed by having NOT published the pictures of MANY HUNDREDS OF CORRUPTED BRAZILIANS OFFICIALS.
    Why ? Too long to post their pictures ?
    You are like a serial killer accusing a petty theft robber !

    Concerning Americans from the North :
    What is the ONLY Developed Country on Earth that still has the death sentence not only in its constitution AND STILL execute
    deaths sentences ???????
    The United States of America !

    Conclusion :
    Americans from North & South are nothing less than INJUST countries and THIRD WORLD MINDS !!!!!!

    Who could prove me wrong ?

    Ohhhhhh and in South America deaths sentence is a way of life. No need for courts decisions.
    Just look at Brazil that has one of the World Highest Crime Rate.
    6 (yessss…SIX) times higher than in the USA on a….per hundred thousands capita !

    CHEATERS ALWAYS LOSE ! LOSERS ALWAYS CHEAT !

    😮 😮 😮 😮 😮 😮 😮 😮 😮 😮

  • Nan

    Zeke,
    You sound awfully disturbed. You may want to be evaluated. If there are many Brazilians like yourself, I worry even more for the safety and sanity of Sean.

  • gringo

    And eye for an eye until the whole worldÀ‚´s blind
    [quote]I think it’s hilarious how Americans who know sweet f**k-all about this case are getting their titties in a twister over it. I hope the L & S manage to drag this case on for years. The way it’s making ugly American bigots’ blood pressure rise, it could only make the world a better place if it were to continue indefinitely.[/quote]

    This is the ilk of stupidity the world needs to content with. Blind nationalism, rabid ideologies and sadly no one can put aside their emotions to embrace facts. A child should be with his father. And the second you start using nationalism as a reason to separate blood, or wealth as the determining factor for whatˢ۪s in the best interest for a child, then weˢ۪re already tobogganing down the slippery slope.

    Now, I love my Brazilian friends, but GOD HOPE I never have to deal with them in the courts here. This is OZ, and reality, as us North Americans know it, does not exist here. It is actually biased against us. WeÀ¢€™ve seen how it has taken months for the courts to come to the conclusion that the child should be with his father, CITING the international Hague convention, and how in one DAY a judge can derail that decision. Regardless of this decision, a message to all starry eyed GRNGOS here, BE CAREFUL when dealnig Brazilians! In this nation, not matter what you do right, youÀ‚´ll never win.

  • Zeke

    I used to support David…
    …but after I’ve seen all the anti-Brazil bigots come out of the woodwork regarding this case, now I’m actually secretly rooting for the Lins e Silva. In the words of a famous American president, they might be corrupt bastards, but they’re our corrupt bastards.

    I think it’s hilarious how Americans who know sweet fuck-all about this case are getting their titties in a twister over it. I hope the L & S manage to drag this case on for years. The way it’s making ugly American bigots’ blood pressure rise, it could only make the world a better place if it were to continue indefinitely.

    Sean’s going to be fine with the L&S. Probably better than he’d be with his broke-ass, drug-addled biological dad, but he’d be fine with either parent. It’s not going to harm him one way or another, no matter who he eventually goes with. But if hundreds or thousands of Yank geebers get their noses out of joint over Sean’s staying in Brazil, then by all means, let him stay!

    Y’know what makes me even happier? When I reflect on the fact that the peak of American imperial power is past and that for the rest of my life, I’m going to get to see ever more frequent and more extreme cases just like this one.

    Ah, yes! The simple joys of life.

  • Ryan

    Brasilian Elite
    I went to an American high school in Sao Paulo, Brasil, living there for 4 years. I had and continue to be friends with many Brasilians. Furthermore, my father has visited Brasil nearly every month or perhaps once every two months for almost two decades now on business. We have many close Brasilian friends of the family. There are obviously wonderful aspects of Brasilian society. However, I can say without reservation that the Brasilian elite — which I had much exposure to — has a scandalous side to it. Not the attitude of all, of course, but they essentially see themselves as impervious to justice and vastly superior to the lower classes which they hold in so much disdain. This story is a shocker, but there was a Brasilian teen who attended the school I did. He was driving (drunk) and hit two pedestrians. One died. Nothing happened to him. His father was rich and paid off the police / judge. Furthermore, the kid felt nothing deserved to happen to him. Because it was a favelan (a favela was near our school), he honestly did not see the harm in it. It was as if someone in the US had hit a deer… then straps it to the hood and takes it home. Morally neutral situation. I absolutely could not believe it. But I have to tell you, this happens all the time. The Brazilian elite is not used to playing by the rules — not even the rules of their own society. Brazil was one of the last countries in the world to abolish slavery — 1884. It is a great country in many respects but it is very exploitive. For example, the father of the man who married Sean Goldman’s mother is a lawyer in (you won’t believe this) child welfare and custody law. He knows and understands and works with international treaties and the law and can perfectly well opine on it and earn a living on it. But he doesn’t think it could ever apply to him. Because he is the exploitive elite. It is a terrible mindset they have. Of course, many wealthy Brasilians are perfectly wonderful people, but there are many as well that believe they can do absolutely anything to their own people and others’ and that the rules of civil behavior just don’t apply to them.

  • Julia

    Yes, enough with your own hypocrisy
    Remember that by taking Sean to Brazil without his natural father’s consent, his Mother never gave his father the chance to be with Sean but allowed the boy to attach himself to a substitute. Just as he apparently got used to being without David, Sean will get used to being without Lins e Silva and his seriously disturbed family. Sean belongs with his father, let everyone else come and visit. The soi-disant granparents will reap what they have sown, hate, mistrust and alienation.

  • Mike

    Justice purchased by Brailian Businessman
    Justice delayed is Justice denied. Brazil is the next great economy and always will be until Justice is allowed.

  • Haile

    Enough with the Hypocrisy
    Stockholm syndrome? Hostages? Victims? Man some people are really batty!

    This kid hasn’t been kidnapped! He’s lived with his mother and father most of his life. You have to ask why he loves his family? Maybe because the stepfather he calls ‘Dad’ is the one who’s been cheering at all his football games, helping him with his homework, taking him to the beach and raising him for most of his life! Maybe because before February of this year he hadn’t even spoken to the biological father in years, even though he always knew where he lived and was never kept from visiting. Maybe because it’s his stepfather and grandparents who have comforted him while he was grieving his Mom. Maybe it’s because they’re the ones who have been there for him and loving him back. Maybe because being a name on a birth certificate is not the same as being a DAD.

    What the hell is it with people who couldn’t care less if the kid ends up messed up after all this? How the hell do people pretend this kid isn’t suffering and terrified of losing his family?

    I read people saying how the then 4 year old must have suffered when he moved to Brazil. Then those same people go on to say that the now 9 year old who just lost his mother, won’t suffer if he loses his ‘dad’/stepfather, grandparents, sister, friends and home. Really? This same kid who’s already been in therapy since his Mom’s loss will be fine with losing everyone else? This same kid who says how much he loves his family and doesn’t want to leave?
    As long as you replace everyone he knows and loves with a biological father he doesn’t know, he’ll be fine? What a load of bull! Kids don’t work that way. How much psychological harm is ok?

  • Forrest Allen Brown

    Good Old Boy Corrupt Sheriff Joe Arpaio, KKK member.
    not a member of the KKK .

    but under the laws of the land he is doing his job by taking into custudy thoes that enter the country
    the rong way and holding them , till the real people whom are under the congress and nancy polic
    want to give them free will in the USA . that is why she and most every congress man and woman and the news say he is rong but ubder law he is right that is why he still is in office .

    as far as the other 2 well they no longer have there office to work in or the power to use .

    CAN YOU SAY THAT OF ANY OF YOUR CROOKED POLITICANS ,POLICE JUDGES

    WHEN he was taken at 4 years old he had not formed much of a mential imiage of his dad
    but after 4 more years of brain washing by his mother and other brasilians and the press how could expect him to want to come to the US
    back to some one every one more than liley told him he was unwanted by and was never given the real or right to know

    if it was my son i would have just came down and hired a few brasilian pistolearos and take him back
    better be glad they are not dealing with me on that
    some people just need killing

  • AK

    Two wrongs
    The boy was kidnapped; it does not matter that it was his mother. She fraudulently took him under the pretense of a short trip and withheld custody and visitation from his other legal guardian: wrong #1. Now, it is insisted that because the boy has asked to stay, that he should stay with those who abetted in his kidnapping: wrong #2. Wrong 1 wrong 2 does not make this right.

    Anyway, since when is what a child wants the same as his best interest? In my experience, kids want candy for dinner, kids want to stay up all night, kids want to watch movies that will give them nightmares, kids want to avoid brushing their teeth, bathing and never get shots at the doctor. This may be what they truly desire, but it is not what is in their best interest. It is not in his best interest to stay with those who helped illegally withhold him from his loving natural father for years.

    Rather than truly loving his new family, it could be argued that the boy is exhibiting prolonged Stockholm Syndrome, a tendency seen in kidnapping victims or hostages to sympathize and form bonds with their captors. This is a defense mechanism, a way the brain tries to shield itself from the stress and pain, rather than a true attachment made out of love and freewill. Abruptly leaving ones home, country, and family for a place that is strange and new would leave emotional scars on any child.

    The comments written here by Brazilians or Brazilian expatriates are very illuminating; I had no notion of the level of political problems facing the nation.

  • ZE

    Nooooooooooot So Fast!
    Made in the USA:

    Your Excellence, the Governor for the State of Illinois, Rod Blagojevich

    [img]http://media1.suntimes.com/multimedia/120908blago1.jpg_20081209_08_29_38_5-116-165.imageContent[/img]

    Honorable Convicted Judge Samuel Kent

    [img]http://d.yimg.com/a/p/ap/20090511/capt.6a4360681fd344049d6f768ca530aaf8.judge_on_trial_txps101.jpg?x=266&y=345&q=85&sig=9KgpQVUNQa3Sfn.alHXoZg–[/img]

    Good Old Boy Corrupt Sheriff Joe Arpaio, KKK member.

    [img]http://www.breakitdownblog.com/wp-content/uploads/2007/10/sheriff_joe_arpaio.jpg[/img]

    ZÀƒ©

  • jakob

    Jeitinho brasileiro
    To you folks writing from US and other western countries: you simply do not understand. Take note: Brazil is a brutal, tribal society where the rule of law does not exist. What exists, is the famous “jeitinho brasileiro”, which could perhaps be translated as “creative improvisation”, an instance of which we can see so clearly in this case: this senator Dornelles, instead of being a role model for impartiality, wisdom, and good governance (a role model that most senators should assume), is simply just another corrupt goon who acted on the command of their good FRIENDS (Lins and Silva). This is so thoroughly discusting and this is what make Brazil a country practically impossible to live in.

    There is a hoping that the Supreme Court will upheld the original ruling in the final hearing (next week I guess).

  • Vox

    Um Brian S.,

    You cannot put an international treaty before the best interests of the people the treaty was designed to protect. It would be senseless and a miscarriage of justice. This is not property to be shipped out, this is a human being! This is a child! Of course you have to put his best interests first! The Brazil courts realize that even a child has rights that must be respected. That’s why the supreme court justice issued an injunction.

    Further, there are other international treaties such as the CRC, the Convention on the Rights of the Child which also mandate that the best interests of the child be put first. In Brazil that treaty is on the same legal standing as the Hague (which btw also requires the best interests of the child be first.) So there are at least two international treaties which state that courts should put the best interests of the child first. Now the supreme court justice has said that the lower court judge did not put the child’s best interests first when he ignored the Hague articles which allow the child to remain in Brazil. Those articles address the adaptation of the child and seek to protect the child from the psychological harm that would be caused by pulling him away from his home and family after he’s spent most of his life with them.

    To go even further, the Brazilian Constitution is above any international treaties (the same way it works in the US.) The Constitution also requires that the best interests of the child be placed first, and makes clear that even children have rights. Would the US ignore a citizen’s constitutional rights because of a treaty? Would the supreme court allow a treaty to superceed the Constitution or Constitutional Rights? Of course not! It wouldn’t happen here and it should not be expected to happen in Brazil. You cannot amend the Constitution via treaty, therefore Sean’s constitutional rights and his best interests superceed international treaties.

    After all that, sorry Brian S. but you’re wrong, and Sean’s best interests come first. It’s clear that it’s in his best interests to remain in his home with the family he loves and who love him in Brazil.

  • Brian S

    This has nothing to do with the what is in the child’s best interests.
    It is about upholding and abiding by international law .
    The child was KIDNAPPED!

  • Julia

    Best interest of the child?
    To the poster concerned with ‘the best interest of the child’: Clearly the grandparents and mother did not think of the welfare of Sean when they took him to Brazil permanently without the knowledge or consent of his father. That is the first instance of the grandparents and mother (RIP) acting in an unlawful manner. Did they think then that it was in his best interest to be away from a father who adored him? It’s a complete waste of thought to now think of his interest. Sean is damaged emotionally and only his father can help him heal. Which child would choose to say “I live with my stepfather” when he can say “I live with my Dad”?

  • Forrest Allen Brown

    and obama said brasil is a good friend to the USA
    only when it is useful to them .
    stop all brasilians from comming to the USA and put out the ones here that are
    here illeagle ,
    hunt them down and send them back stop all help to brasil and stop all business
    till they owne up to what they said they would do on paper .

    all people foward this artical to every one on your email list and write your congress men and president
    and state department
    to make them explain there way of law and treat them that way .
    as there is 70 more children in brasil

  • Aje

    Great Legal Discussion Video by Scholars on the Case!
    [url]http://video.globo.com/Videos/Player/Noticias/0,,GIM1048838-7823-JUSTICA DECIDE QUE SEAN GOLDMAN DEVE VOLTAR PARA OS EUA,00.html[/url]

    Legal discussion by scholars on the case. Great!

    http://video.globo.com/Videos/Player/Noticias/0,,GIM1048838-7823-JUSTICA DECIDE QUE SEAN GOLDMAN DEVE VOLTAR PARA OS EUA,00.html

    🙂 🙂

  • Nan

    Evil Brazil
    The only reason this kidnapped child is still in Brazil is because this evil, powerful Brazilian family has control over the courts. The ‘judge’ who is responsible for reverting this order is a friend of the family holding the child hostage. There has never been an ‘impartial’ trial as a previous poster described. This boy belongs with his biological father. Of course the boy thinks he belongs in Brazil–this family has kept him from his real family since the kidnapping and has likely filled his head with lies about his real father. The longer he is held in Brazil, the harder it will be for the boy. Consider that when deciding what is ‘right for the child’. I wouldn’t travel to Brazil or buy anything from this country even if I were paid to do so. I think the US should force Brazil to release this American child or suffer the consequences.

  • Julia

    A shameful affair by the Brazilians
    I wonder how the Bianchi and the Lins e Silva families live with their actions? The helped a mother spirit a young child away from his only known home and loving father, kept him hidden for years from that parent, brainwashed him into believing that his father abandoned him and now are resorting to spurious, deplorable and unlawful actions to keep him from his only biological parent. As much as they claim to love the child, they must know the agony of his father, his only child lost to him for over five years. Take note, Grandparents, whatsoever you sow, you shall reap. If you continue to keep Sean from his Dad, he will turn his back on you when he is old enough to leave and leave he will. You can count on it.

  • Vox

    PUT THE BEST INTERESTS OF THE CHILD FIRST!
    Put the best interests of that child first.

    Before the media madness, the biological father had been heard in court many times. He had been ruled against at least 4 times, each time with different judges saying the best interests of the child was to remain with his family in Brazil with the stepfather Sean loves and calls his “Dad”. This was long before any politicians had gotten involved or anyone started pulling strings. In a courtroom with only the best interests of the child on anyone’s mind, judge after judge after judge after judge looked and listened to both sides and made it clear that Sean’s best interest was to remain in his home with his family in Brazil. This held up in every ruling and in every appeal, everyone had their fair day in court and impartial judges did what was best for Sean.

    Now it becomes a political issue and suddenly it’s not in the boy’s best interests to remain? More time has passed, Sean has a sister now and an even stronger bond to his family in Brazil, he’s old enough and been through enough to understand loss and he states plainly he does not want to be removed from his home and his family. So why is it suddenly not in his best interests to stay in Brazil? No, it’s not in the politicians beholden to American political interests.

    Put the best interests of the child first.

  • Breckenfeld

    Ashamed
    I feel ashamed to be a Brazilian. Our Supreme Court stinks!!!

  • Pissed off

    Corruption in Brazil
    the president needs to issue an executive order and take the boy and return him to the father. If the judiciary is corrupt, I don’t see why the president should not be able to do this.

  • Forrest Allen Brown

    WRIT TO CLITON , AND YOUR NEW PRESIDENT ABOUT AN ALL OUT BOYCOTT OF BRASIL BY THE us NO VISA OR NO MONWY FOR BUSINESS
    William F. Hurst

    CA/OCS/ACS/WHA

    Overseas Citizens Services & Crisis Management Specialist

    Bolivia, Brazil, Colombia, Ecuador, Guyana, French Guiana, Suriname, Venezuela

    Backup for: Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama

    PHONE: 202 736 4983 FAX: 202 647 3732

    hurstwf@state.gov

  • Ze

    Right Decision
    Supreme Reverts Lower Court: American Boy Sean Stays in Brazil, now and then.

  • Wayne Cooke

    The Games Continue
    It is time for Brazil to step to the plate on this one! They need to be shamed before the world community and start to honor their commitments to The Hague Convention, which they signed and agreed to several years ago. Also, the US government needs to now weigh-in on this now more than ever. To allow an obscure political party and senator to delay the entire judgement is crazy. Sean belongs with his only living (and loving) parent – DAVID GOLDMAN. He DOES NOT belong with any of the Lins e Silva family or the Bianchi family, etc. This entire case also adds to the questions of why the IABA has even invited Paulo Lins e Silva to speak at their upcoming convention in Nassau! He and his son (both active in the abduction of Sean and subsequent court battles) need to be disbarred… and criminally charged in Brazil and internationally, along with Bruna’s family. What a disgrace! What injustice and how unethical… immoral… call it what it truly is: EVIL!

  • Brad Paquin

    I will not support a country that supports kidnapping
    The actions of the Lins e Silva mafia are making it clear to everyone just how corruptible the Brazilian justice system is. My wife was planning a trip to Brazil for the coming winter, however I refuse to spend a cent in any country that allows justice to be corrupted in such a way. I would encourage the US government to issue arrest warrants for all of those involved in the kidnapping of an American child and who have willfully violated a treaty that was implemented to ensure that kidnapping and flight to a foreign country would not be permitted. These families should not be allowed to step foot on American soil without risking arrest. It is disgusting. I call JoÀƒ£o Paulo Lins e Silva a pathetic excuse for a man and would go out of my way to see him get whatÀ¢€™s coming to him.

    I call for a boycott of Brazil, I would like to know if there are any corporations who do business with the Lins e Silva family so that we may contact these businesses to state that we do not support companies associated in any way with this family. LetÀ¢€™s hit the country and the family where it hurtsÀ¢€¦ the wallet.

  • Helena

    This is crazy!
    What the hell is the judge talking about, that the boy needs more time?! His father’s been trying to get him back for five years. Five years of stalling and foot-dragging, and a couple of mind-bending moves from the Brazilian court (the initial delay in hearing the case that resulted in a “Sean’s acclimatized to his kidnapping” decision, the insane attempt to peel David’s name off the birth certificate and substitute the stepfather’s). David’s made his intention to get his son back clear from the start. For the Brazilian justice to side with the kidnappers AGAIN is mind-boggling.

    I’d never heard of this Lins e Silva family, but they are giving Brazil in general one hell of a black eye. And destroying a good man who clearly loves his son deeply.

  • Teri L

    Absurd and corrupt!
    My sister-in-law moved from Brazil in the 1980’s and is the first to tell you of the corruption there. This is outrageous! The child should have been returned when the mother first fled the country. The child was kidnapped from his father. To allow a powerful family to run the courts this way simply shows the world that Brazil has a corrupt government. This should have been over years ago. This Brazilian man is stealing another man’s child and he knows it.

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