Brazil’s Supreme Sends Abducted American Boy’s Case Back to Lower Courts

    David Goldman

    David Goldman Brazil's Supreme Court (STF) decided this Wednesday, June 10, in a 10-0 vote, not to interfere in the case of US-born boy Sean Goldman, 9, whose father is trying to bring him back home to the United States since the kid's mother, who had abducted the child to Brazil, died last year.

    The Progressive Party (PP) had appealed to the Supreme to keep Sean with his Brazilian family after a Federal Court in Rio ordered the boy to be returned to his biological father in 48 hours, a week ago.

    The appeal brought by the PP before the Supreme argued that the boy's return to his American father was based in the Hague's Convention, but disregarded the Brazilian constitution and Brazil's laws for the protection of families and minors.

    Now, the Federal Justice in Rio is supposed to have the last word in the case. A preliminary order from Rio de Janeiro's federal Justice determines that  the child stays in Brazil until a final decision by the Regional Federal Court of the 2nd Region (TRF-2), in Rio.

    Sean lived in New Jersey with his father and mother, Bruna Bianchi Carneiro Ribeiro, up to 2004, when he was 4. According to Bruna's family, the couple didn't have a happy marriage.  Bruna left the US, five years ago, for what Goldman thought would be a two-week vacation in Brazil with her family.

    She, however, stayed in Rio  with Sean and never went back to the United States. Later, she divorced David and married João Paulo Lins e Silva. Lins e Silva, who belongs to a rich and powerful family in Brazil, has argued that taking Sean from Brazil would be an experience too traumatic for the boy.

    Last year, in August, Bruna gave birth to a girl, but she died during labor. Lins and Silva succeeded in getting the guardianship of Sean.

    The dispute for Sean has mobilized high officials from the American government, including secretary of state Hillary Clinton and the US ambassador in Brazil, Clifford Sobel. The subject was even brought up by president Barack Obama during a meeting he had in Washington with Brazilian president Luiz Inácio Lula da Silva.

    American Congressman Chris Smith, a Republican from New Jersey, introduced a bill that would remove Brazil from a duty-free trade program if the country doesn't return Sean to his father. According to him, Brazil received US$ 2.75 billion in trade benefits just in 2008.

    According to the Brazilian justice's decision taken by a Rio judge, which was voided, Sean would go through a 15-day transition period in the United States, after being repatriated. During this time the child would spend the day with the father and, at night, would sleep with the Brazilian family.

    Starting on the 16th day, Sean would also sleep with the father, but would receive 4-hour-long daily visits from his Brazilian family. The maternal grandmother and the stepfather are expected to request the American Justice to grant them the guardianship of Sean.

    The Brazilian family would be able to continue visiting the boy until a final decision by the US court.

    David Goldman's lawyer, Ricardo Zamariola informed that the process to get Sean out of Brazil might still take some time: "Sean will not be able to leave immediately because a federal court of appeals in Rio de Janeiro has ordered that the boy remain in Brazil until it rules on an appeal filed by Sean's stepfamily."

    Goldman himself, who is in Brazil, seems pleased with the new developments. ""I hope it will diminish the time away from my son," he says resigned.

    The final decision by the Rio Justice is being expected now for the next few days.

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    • Show Comments (24)

    • Sylvia

      Brazil does not want to F..K with us……over our child. Give him back we prosecute kidnappers in this America. Can his stepfather made a son of his own. Why would he want another mans flesh in blood? Purvert! Who’s to say he might molest the child, after all there is no blood line there. Taken another mans son is so, so, cruel. American kids adjust to everything – this child is 9 evidently he adjusted to silva he can adjust to his REAL DAD! Point is his name is SEAN GOLDMAN not SEAN Da Silva……..

    • A Verdade

      Sparkle….”Come on down!!!”
      And you too will get the “Gringo Gouge!!”

      Please, don’t forget to liquidate all assets and bring every penny you can to Brazil!!!!

      And don’t forget to let me know what city you’ll be in!! 😉

    • Sparkle

      I’ll GLADLY take my chances!
      Despite the “horror” stories about being fleeced in Brazil, I will take my chances. I have friends who have been there over 10 years and have never been burned or fleeced. I am tired of living in California, paying sh-t high prices for everything and listening to Americans b-tch and whine over every godd-mn thing under the sun. If America is the greatest country in the world, I really don’t want to see what the rest of the world is like. I don’t care if I get to Brazil and get robbed of everything I own and have to walk the streets naked as long as the government doesn’t ask me to leave. Maybe some Americans have been burned but friends of mine have a wonderful life in Brazil, look 20 years younger and have vowed to NEVER return to that overpriced sh-thole known as California.

    • forrest allen brown

      the way of cuba and chaves
      HR 2702
      Rep. Chris Smith of New Jersey recently introduced legislation in Congress suspending preferential trade tariffs for Brazil until Sean is returned to his father and Brazil gets on the right path to living up to its treaty obligations with regard to the 50 other Hague cases and 66 other abducted American children trapped in Brazil. We support Rep. Smithˢ۪s efforts wholeheartedly and encourage all of you to contact your local representative in Congress and ask them to co-sponsor this legislation, known as HR 2702 (full text found at: http://bringseanhome.org/hr2702.html). Letˢ۪s make these calls this week as this is the most important project we have before us currently in our efforts to end this tragedy.

    • forrest allen brown

      zeke
      i know i am on my own boat i dont want any one with me on it .
      as for dumb well that is up for debate and i know you will not be on the board of that one also

      you as many flag waving brasilians know your own people in the US there illeagle have more rights in the US than you will ever have in Brazil
      and just because this kids step father has money it id going on and on like this
      again why i say gringoes in brazil have no chance in the courts and brazil has justice to be bought and sold by family name , political party and money
      whitch one are you

    • Zeke

      Forest, just because YOU’RE a dumb gringo and get treated that way doesn’t mean everyone’s in the same boat with you.

    • forrest allen brown

      Sparkle
      so how much money do you think it takes to buy your way into brazil ??
      you and so many other people think you can just walk in and hide , you are just sheep for the flecing and when they have taken evey thing from you
      (AND THEY WILL ) you will be sent out of the country and they will smile at you srug there sholders and say brazil and then laugh as they take you money and go buy beers on the dumb gringo .
      brasilians may be unschooled , but they know how to cheat yoy out of anything you have they want , and the courts let them get away with it .
      as you will always be the gringo , and money in the pocket.

    • Zeke

      [quote] zeke! how woul u like to have u child taken away? or better yet have u taken away from ur dad? [/quote]

      Sandy, if my parents were as illiterate as you, I would pray everyday that someone would abduct me. And I would not be picky.

    • Sparkle

      I Agree and I’m An American!
      I agree with you Marcelo!! Many Americans are hightailing it out of the country while singing the good ole praises of the US. Yet many can’t wait to get the hell out. Northern California looks like Beirut with the mentally ill parading the streets in old dirty blankets because the heartless American system of capiitalism will not finance their stay in a mental hospital. America is the ONLY industrialized country in the world where you have many homeless and sick because the bigwig capitalists here don’t want a universal healthcare system. Many Americans lose their homes because they can’t pay medical bills and this is where the wolves of capitalism come in. They can collect a free house, resell it and make big bucks. If the US had healthcare like other nations they could not benefit off the misery of those in foreclosure.

      Also Americans are hypocrites. I am an American but honest enough to admit this is not the land of golden opportunities. American men are flocking to Brazil in droves to get away from us “big, fat, ugly, loudmouthed” American women. Do you really want to live in a nation where most people are fat, ugly and badtempered? Americans don’t even want to screw each other. They would rather flock to Brazil and Asia to engage in sex with beautiful goodtempered persons unlike themselves.

      All over the US people are falling out over the economy and eating themselves even fatter and uglier. As soon as I can scrape up the money I too will be purcashing a permanent visa to Brazil. I’ve had it with the fat, ugly Americans and their constant whining and bitching. I say let the boy stay in Brazil because in a few years when he is a grown man he will be among the scores of American men hightailig it to Brazil to meet and marry a beautiful Brazilian woman (like his mother) to get away from these f-cked people here.
      1111111111

    • JT

      Didn’t expect to see such vicious comments on this site. Thank you Marcelo.

    • Marcelo

      1 TRILLION DEFICIT!!!!!
      I HOPE ALL YOU AMERICANS WHO DISGRACE AMERICA ARE SUFFERRING WITH YOUR GREAT ECONOMIC SLOWDOWNS AND
      THIS CLOWN GOLDMAN IS NOW WORRIED ABOUT HIS TOURISTIC TRIPS AND SAILING COURSE AS PEOPLE ARE CUTTING COSTS!!

      HE REALLY LOVES SEAN! HE NEEDS SEAN’S GRANDPARENTS MONEY THE BLOOD SUCKER GOOD-FOR-NOTHING

      DIDN’T EVEN WANT SEAN TO BE BORN! SAY THE TRUTH MR GOLDMAN! YOU ONLY MARRIED SEAN’S MOTHER FOR HER PARENTS’ MONEY AND NOW YOU ARE ABOUT TO RUIN THE CHILD’S LIFE!! WHAT ONE WOULD EXPECT FROM THE INDUSTRIALED, PASTEURIZED AMERICA! THE MORE IGNORANT AMERICANS BECOME THE BETTER FOR THE SUPER ELITE!

    • Marcelo

      How many Americans are pursuing a Brazilian Citizenship? BRAZIL IS INFESTED WITH AMERICANS YOU IDIOT!
      BORN IN THE UNITED STATES OF AMERICA (USA)
      written by Sylvia, June 10, 2009
      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!!!!!!
      report abuse (TO WHOM LOL?)

      Answer
      written by Marcelo, June 10, 2009
      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. AND MANY AMERICANS THINK ABOUT BRAZIL AS A PLACE TO RETIRE. DON’T YOU SEE BRAZIL’S INFESTED WITH LOTS OF THEM????? WHY???????????????????????????????????????????????? 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 WHEN IN TROUBLE!!!! AMERICA IS A SHITTY COUNTRY!! STUPID AMERICANS HAVE TO SELL THEIR HOMES TO PAY THEIR $200,000 MEDICAL BILL. I HAVE LIVED HERE FOR 8 YEARS AND HAVE PLANS TO RETURN TO BRAZIL SOON 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 LABOR 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.

      US DEFICIT NEARLY $ 1 TRILLION IN FIRST HALF OF FY2009
      written by Marcelo, June 10, 2009
      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 AND STUPID AMERICAN BIGOSTS!!!!!! YOUR COUNTRY WILL BANKRUPT!!!! YOUR COUNTRY IS A TRAVESTY OF SUPERPOWER AND YOU ARE A THIRD WORLD COUNTRY, AND TOO STUPID TO REALIZE IT!! 50 MILLION AMERICANS HAVE NO MONEY TO PAY THEIR MEDICAL INSURANCE, ANOTHER PORTION IS NOT ACCEPTED TO BE COVERED BY MILLIONNAIRE HEALTH COMPANIES, POLITICAL BALLOTS FOR PRESIDENCY WERE FRAUDED, THE LIFE OF PEOPLE SUPERVISIONING THE 2003 RECOUNTING WERE THREATEN, BLACK PEOPLE WERE REJECTED TO VOTE IN 2003, WHO KNOWS WHO ELSE IS, YOUR AMERICAN PRESIDENT JOHN KENNEDY WAS MURDERED BY THE AMERICAN GOVERNMENT, THE REAL POWERFUL TERRORIST, SICK PEOPLE WITHOUT MONEY ARE THROWN IN THE GARBAGE BY AMERICAN HOSPITALS. YOUR COUNTRY IS A REAL SHIT AND THIS CLOWN GOLD DIGGER WANNABE FATHER SHOULD EXPLAIN WHY HE GOT MARRIED TO SEAN’S MOTHER ONLY WHEN SHE WAS 2 MONTHS PREGNANT AND NOT BEFORE! DIDN’T HE WANT THIS CHILD? DIDNT HE LIKED HER? EXPLAIN YOUR INCONSISTENCIES MISTER WANNABE ACTOR.

      YOULL BANKRUPT IF YOU ARE NOT SHOOT FIRST BY A WHITE SUPREMACIST DRIVING CRAZY AS USUAL!!!!!

    • A Verdade

      You said a mouthful….
      Sebastian! It’s best to just pack your bags buddy and let them drown in their own fesces.

    • Sebastian

      Brazil’s legal system doesn’t work
      I am amazed at Brazilians condoning what is happening in this case. I am a Canadian/British citizen. I first came to Brazil when I was 3 years old and have spend a total over the years of about 7 years in this country. Anyone who knows any Brazilians for anything more than a few hours will soon hear of the culture of impunity here. It’s impossible to miss it.

      Roughly 40% of the tax receipts are stolen each year and no one is prosecuted.
      A famous Brazilian politician said that on his reckoning about 80% of his fellow Brazilian politicians have either definitely committed murder, or there is a very high probability that they did, but none are ever prosecuted.
      There is a case currently being considered involving the death of 5 journalists in Fortaleza, ordered by politicians.

      Yet there are people on this site cheer leading for legal system to continue allowing rich Brazilians to do exactly as they please. To all of those cheer leaders for corruption: I am tired of lending a sympathetic ear to Brazilians talking about they favourite subject: how unfair and unsafe Brazil is. Brazil is the way it is because Brazilians and Brazilian culture made it. You will never have the peace of mind of the safe northern countries until Brazilians change their culture and make something safer, and more respectful of themselves and their fellow citizens.

    • Zeca Careca

      Brazil’s Supreme Sends Abducted American Boy’s Case Back to Lower Courts
      Well Done. Well Done.

      Keep Sean in Brazil.

    • West Coast

      Finally, maybe some sanity in Brazil

    • Sempre Fiél Fidel

      [quote]Back to Rio court we go, where the Lins And Silva have lots of supporters. [/quote]

      Yep…you said a mouthfull Zeke! Fuck the law, we have friends!

      For those I don’t know nothing, for my friends everything, and for my enemies [b]THE LAW![/b]

      The Brazilian way. 😉

    • Ché

      [quote]Que Sean fique no Brasil e que os gringos [b]preconceituosos[/b] se fodem. [/quote]

      Preconceito? NÀƒ£o existe um pais mais preconceituoso contra gringos quÀƒ© o brasil meu bem. NÀƒ£o jogo pedros no casa de vidro!! 😉

    • Sandy

      One more thing!! Give me the job of tracking and deporting them! I’ll do it for FREE!! 🙁

    • Sandy

      zeke! how woul u like to have u child taken away? or better yet have u taken away from ur dad?
      (gringos fodem?) witch means F the Americans!!!!! What the hell r u doing here in America then? if u even r here!
      You should be ashamed of ur self as well as Brazil! everyone hates America but have no problem taking American Money for free Trade witch in 2008 Brazil recieved 2.7 billion!!!!!
      This child belongs with his biological DAD! If Brazil does not return this child, America should stop all free trade with Brazil! and send all illegal Brazilians Back! trust me there are tons of Brazilian here illegally! especially women who are looking for green cards! 🙁 Iam of Portuguese Decend and Love America! the best country in the WORLD!)

    • forrest allen brown

      Sanctions
      start the deportations , stop the visas ,
      impose tit for tat tariffs on all goods from brasil .

      place them on the terroist watch list
      stop playing ping pong with this child and obay the treatys you entered into
      in good fathe .

      or stay that place where crooks and child molesters go on vacation
      and the bigger the crook you are the higher you make it in politics

    • Zeke

      Back to Rio court we go, where the Lins And Silva have lots of supporters.

      Again, simply because this case has brought so much bigotry and bullshit out of the woodwork, I’m now hoping it drags on forever. Que Sean fique no Brasil e que os gringos preconceituosos se fodem.

    • bo

      Where’s Cocksta?
      😉 😀 😉 😀

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