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Brazil’s Solicitor-General Sides With Goldman and Contests Supreme

David Goldman shows returned letter he sent son in Brazil Brazil's AGU, the Union's Solicitor-General, an organ linked to the presidency, joined American David Goldman, this Friday, September 18, against a Supreme Court decision preventing Sean Goldman, 9, the son of David, who was kidnapped by his own mother to Brazil, from leaving Brazil.

In separate filings, Goldman's lawyer and the AGU sent two writs of mandamus (MS 28524, and 28525) questioning the action taken by Justice Marco Aurélio de Mello, who Thursday ruled in a favor of an injunction filed by the Brazilian grandmother of Sean asking that the child be heard in court before going back to the US with his father.

According to the AGU, the refusal do turn the son to his father as decided by a Federal Court in Rio generated a patent breach of international commitments signed by Brazil, including the Convention on Civil Aspects of International Child Abduction.

"The failure of carrying out that agreement will lead to the imposition of sanctions, in addition to compromising the image of Brazil before the international community," said the Solicitor-General of the Union, Luis Inácio Adams.

According to him, "in ceasing to be a cooperating country, violating its international obligations, the Federative Republic of Brazil is in danger of no longer having its requests for international legal assistance granted, especially under the international principle of reciprocity."

Thus, as Adams puts it, Brazilian minors who are in the same condition of Sean, but in other countries, may possibly not return to their parents resident in Brazil, due to the Brazilian non-cooperation in this case.

The child's stay in Brazil, the AGU notes, represents a danger and a threat against Brazilian interests, "and against the guarantees of fundamental rights violated by the challenged decision."

Adam remarked that a petition against Brazil has already been submitted  to the Inter-American Commission on Human Rights due to the delay of the Brazilian Judiciary to deliver final adjudication in the case of unlawful abduction of minors.

The Union's lawyer claims that it's already under way a claim accusing Brazil of breaching the international obligation assumed by the country in the 1980 Hague Convention.

"If this complaint is accepted," he states, "the State may be submitted as a defendant in proceedings before the Inter-American Court of Human Rights of the Organization of American States (OAS)."

He finally stresses the potential multiplier effect that any confirmation of the injunction would cause in other situations where the Hague Convention is invoked.

The AGU concludes that a preliminary injunction should be given in favor of David Goldman, as a matter of urgency.

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  • Show Comments (6)

  • fried chc

    Coming from an american!
    Quote
    “[i]It makes me have hope for justice in the “justice” system of Brazi[/i]l”

    As I mentioned before…. The more I read these obnoxious arrogant American criticisms, the more I am shifting towards keeping Sean in Brasil.

    The boy is in Brasil, the boy is Brasilian, the boy loved ones reside in Brasil. My conclusion, the boy stays in Brasil where he belongs.

    Costinha

  • Nicholas usa_male

    I bet with you that Idiot Forrest Allen Brown and those “concerned folks, don’t know where “The Netherlands is located.
    To be fair, I do have to give Idiot Forrest some credit by finally making sense with his comment.
    With Brazil’s AGU, who makes an excellent point, Mr Goldman will win the case and will go back home with his son, and I bet with you all that it will happen in February 2010. The good news is, Mr Goldman is solving his case without help from Washington, who as usual fails to represent it’s people properly in foreing countries, besides, they only make thins worse.

  • Andrade

    anonymous
    [quote]i suggest that all send an email to the Brasilian President’s office urging them to respect their commitment to the Hague convention as well as ‘doing what is write and just’. valeu gente![/quote]

    Thanks for coming out with this wonderful suggestion. I urge all the “concerned” folks to send email to PBOÀ‚´s office too. 😉

    BTW, do you know where The Hague is located?

  • anonymous

    lula’s email
    i suggest that all send an email to the Brasilian President’s office urging them to respect their commitment to the Hague convention as well as ‘doing what is write and just’. valeu gente!
    pr@planalto.gov.br

  • anonymous

    Thank God a reasonable voice in this case. It makes me have hope for justice in the “justice” system of Brazil. Adams notes treaty violations related to keeping the child in Brazil and how this could have the reverse affect if a Brazilian child was sequestered in another. I don’t think this is likely, since in the US, this principle has been followed in such cases, and children have been returned to their biological parents. Like many decisions in Brazil, this case seems to be driven by a blind nationalism that places Brazil’s rights above others even if universal justice sees things differently. Often public opinion, corruption, and pre-judicial nationalism expressed in rage and highly emotional ranting which pressures and taints the courts in such cases in Brazil. If Brazil wants to be a respected world power, it needs to follow higher standards of justice.

  • Forrest Allen Brown

    this sounds good in one way
    after 5 years someone looks up to see the right .

    goldmans next flight should be the Hague and start the proess of unifaction with his son or
    put brasil on trail for aiding in child kidnappings and failure to comply in a timely maner.

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