David Goldman Wins Another One in a Brazilian Court. The Lins e Silvas Must Pay Costs

    David Goldman

    David GoldmanAnother scene of the drama involving American David Goldman and his son Sean who was taken from by the mother when the boy was 4 to live in Brazil unfolded in a Brazilian court. Goldman won a lawsuit in which the Brazilian family wanted money for all the American’s alleged badmouthing about them.

    Sean’s stepfather, Brazilian João Paulo Lins e Silva, a very rich and famous lawyer and his father, Paulo Malta Lins e Silva, also a lawyer, had filed a lawsuit against Goldman asking for compensation for moral damages. A Rio court denied the request.

    The decision, which can still be appealed, was taken by Rio de Janeiro’s 13th Civil Court. The plaintiffs were sentenced to pay court costs plus attorney’s fees fixed in 20% of the cause’s value.

    In the lawsuit the Lins e Silvas argued the “good image of the lawyers” was damaged by the “irresponsible and inappropriate behavior” of Goldman, who “did all he could to make the lives of the authors into a real hell.” They complained Goldman had called Sean’s Brazilian family kidnappers.

    Sean family in Brazil said also that the website maintained by Goldman Bring Sean Home hurts does harm to the Lins e Silvas’ honor with its “clear intention of collecting money.”

    The lawsuit text supports the argument that the Bring Sean Home campaign made by Goldman and his friends on the Internet was a direct and aggressive attack against the Lins e Silva family and Brazil’s whole justice institution.

    Father and son also say that Goldman’s campaign to get his son back ended up harming their legal career. Paulo Lins e Silva noted that the organizers of a conference in Buenos Aires, Argentina, canceled his participation as a speaker after he appeared in the news.

    Goldman’s defense argued that the site Bring Sean Home was not created by him but by friends who were touched by his struggle to get his son back to the United States. On the interviews to the press, the defense argued that the authors didn’t present any content that could prove the “violation of honor.”

    In its decision the court observed that there is no evidence that Goldman’s campaign had anything to do with the cancellation. Judge Ledir Dias de Araújo said that most likely the reason was that Lins e Silva was considered as someone who lacked exemption to make a speech since he was experiencing in his own life a theme he was going to discuss.

    Araújo also wrote that “much of the manifestations expressed by the defendant (David) were legal decisions. Thus, they are not random events or personal opinions, but based on sources. As for moral damage, this is the human suffering, pain, sorrow, sadness unfairly imposed on others.” All in all Goldman was just exercising his freedom of expression.

    The judge concluded that she had not seen any practice of the defendant that might have caused moral damage to the authors, since the American didn’t commit any illegal actions capable of offending the morals of the authors, having only exercised his right to express himself, without any excess.

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    • Show Comments (21)

    • Dan

      Olga-
      It is amazing that you don’t see the hypocrisy in your post. While extolling the family value you perceive the Brazilian to have surrounded Sean with, you selectively ignore that this was an individual father’s quest to preserve his family. On David Goldman’s part, to not fight for his son would be to deny family values.

    • sandykjones

      :DI am so thrilled 100% that David Goldman got his son back!! I’m hoping that both David and his son Sean, are both doing well!! Sean needs to bond with his father and develop a close father/son relationship. As far as him going back to Brazil, I would definitely say NO-not at this time.

    • A Parent

      I am really happy for David and Sean. What Sean’s mother did was hurtful and wrong but she did what she thought was best, as she to took him from a loving family those many years ago. Since she has passed on, I think it is only right that Sean now reconnects with his Dad. No matter what we think a child needs both parents and if one passes away it is very important that the other steps up for their child. Let’s not judge this father for doing what he thinks is best for his child, because as a parent nobody has the right to tell anyone else how to raise their children. Lets hope that Sean is happy and healthy in the US and keeps in touch with his family in Brazil.

      All the best Goldman Family.

    • olga ostinova

      I was following the story too… I am amazed at narrow-mindness of Americans…You people just cant think. Sorry. Yes she hurt him by leaving the country and taking his son, but if he was so great why would she return to the shithole as you call it, despite all the risk, ah? Why did she escape? So he wasn that good to begin with. No doubt very hurtful for him, she shouldnt have done this. But think whats going on now: Sean has spent there 5 years. He speaks Portuguese–his native or first language, do you realize that? The boy doesnt even know English. Sorry Mr.Goldman, you say he hasnt call you dad yet, but the word dad is completely forein to him. Its like for Americans to call some guy Padre, if they have to speak Italian all of a sudden. He also had a little sister and a big family there!!! Do you realize that he thinks they are his family!! Mr.Goldman, dont they love him? Isn’t Sean a part of their daughter who is not here anymore? Didnt they pour their love into this boy? Didnt he say he loves his family and wants to stay in Brazil? Mr.goldman your ex-wife made a mistake –but you took your son from his environment– you cannot love him that much–sorry, you barely know him. Its your EGO. You should have found a way to connect with him but not to ruin his life and his attachments.
      I am sure he is dead inside now. You are hiding it…You can never be a substitute for his family. Legality is a totaly different question…Sean doesnt think or feels by whats legal or not. He was just a happy boy with a loving family. You turned his life upside down and you punished him severely for your ex-wife mistake..I know he wants to go home and see his grandma and sister. Let him. You can get married and have more babies– you are quite handsome still..Not sure about the inside. Having said that, I completely understand your suffering through the whole thing. Yes illegal, but it happened and you have to care about his feelings now, not the legality of it, right? We know how he feels even though you are hiding it..You still can change it.

    • Jessica

      Way to go David!
      I followed the story of getting sean home and I’m happy to see that things turned out and I hope all this legal crap gets settled . There are good times to look forward to.Good Luck David and Sean!!
      Jessica

    • Liz Seth

      This Brazilian vendetta is weird.
      Get over it and move on, guys.
      You lost ‘cos you were wrong, period.

    • Kim

      The Lins E Silva family ruined their own reputation by participating in a illegal retention of another mans son. Their law firm represents parents fighting for their children. They give speeches on Parental Alienation. Their own Brazilian Judicial system found them guilty of Parental Alienation with young Sean Goldman. Telling this young boy nothing but lies. You reap what you sow.They really need to learn how to live with a heart and soul not with hate and lies. The maternal grandmother really needs some professional help, she is just making it worse for herself by continuing to lie and degrade David Goldman who Sean loves very much. David and Sean have been through enough pain it is time for them to have happiness and be left alone.

    • John C. Randolph

      So, other countries have douchebag lawyers, too? Good to know.

    • Double-Dot

      [quote]Cheers,

      Costinha [/quote]

      Howdy? Goldstein seems to be a trouble maker,putting the Americans against Brazilians. When Sam is 18 years ole, he may opt to live in neutral Switzerland.

      God bless America.

      Cheers to you too.

    • CachorroNicolau

      Pro Costinha: que língua mesmo é essa que vc tá falando?
      Aaaaah tá… é inglês…

      Vc não acha meio triste querer despejar tanto ódio contra uma parcela da população mundial, mas ter que gastar anos pra aprender a língua deles só pra poder fazer isso?

      Posta os xingamentos aí em português, então… ah, esqueci! A língua portuguesa não é relevante pra 96% da população mundial…

      Pelo menos o mundo todo gosta dos brasileiros, né? Principalmente das brasileiras… muito melhor ser visto pelo mundo como a biscatinha do que como o FDP, realmente.

    • fried CHC

      ……………….
      superpower:

      Did you forget to take your prozac pills today, sonny boy?

      Let me explain something to you: Why do americans always presume foreigners automatically speak English – voila! That is your acid arrogance combined with plain stupidity, in short, that’s your american heritage.

      I know you want your nation to be awed and feared. You try so hard to be seen as optimistic, freedom-loving righteous individual, right? But instead, we see you as a fat, dumb and unhappy idiot.

      From Europe to China, from Russia to the Arab world, Africa and Latin America, people everywhere harbor grudges against your country and people.

      It must suck to be american, what Sean Goldman found out in just a few weeks living in New Jersey, poor kid!

      America has become a bizarre burden, and your attitude doesn’t help none. Happy swimming after your ship sinks!

      Hehehe

      Costinha

      😉

    • fried CHC

      Luigi Vercotti: A$$-HOLE O MIO….
      Can I ask you a personal question: “Is that toilet paper stuck to your shoe or are we getting married?”

      [b]A$$-HOLE O MIO says[/b] “Surely you recognize my Dad, he’s the one with his pinto in your mouth.”

      Not true… since your dad’s blow-up doll of denis rodman blew-up, he’s been wanting to taste my boy toy… Wait a minute, that was your mama, the one with the full mustache!

      [b]A$$-HOLE O MIO says[/b] “I doubt he’ll ever set foot in that shithole you call home.”

      I understand, that’s classic american complex of superiority. If that is what lessens your hurt and rage as the american economic house of cards, fueled by undisciplined borrowing, speculation and absent manufacturing base, collapses, your dumb italian-american patronizing nonsense insults will drive your mental compass, Marco Polo!

      Thanks anyhow… I always wondered what chicken-s.h.i.t., horse-s.h.i.t. and bulls.h.i.t. would smell like if it was all mixed together in one post. Now I know!

      Back to the subject: We all know David Goldman is a scammer, but Sean will endure it until he reaches 18 years old, at which time, he will tell that old Jew that the bank account is dried-up, and then, See Yah!

      By the way, [b]A$$-HOLE O MIO[/b]: Would you quit pretending to be a Canadian when traveling? Hehehehe

      Cheers,

      Costinha

    • marisol rodriguez

      I hope they burn in hell…this people are sick

    • superpower 1

      90% of brazilian nationals in the u.s.a. are illegal…
      you know this arrogance,this jealousy,this ignorance,this pathetic little people , coming from brazil ,the rude,arrogant, high violater of u.s. immigration laws on illegal presense…

    • Lucinda

      The Gringo kidnappers should be made to pay all costs. They are going to make boy’s life the hell in foreign country United States of ROBBERS.

    • Luigi Vercotti

      Costinha
      Surely you recognize my Dad, he’s the one with his pinto in your mouth.

      Even when the law prevails, you, the stereotypical dumb Brazilian, resort to pathetic/comedic attacks on people. When that boy Sean turns 18, he’ll have long forgotten living in a compound in Rio and those scumbags claiming to be his family. I doubt he’ll ever set foot in that shithole you call home.

    • fried CHC

      Shalom to all members of the Synagogue
      Mr. Goldman, our proverbial Jew, still profiting from his son’s capture and imprisonment. Sean has been denied his natural right to see his maternal grandmother, in lieu of his dissatisfaction of being forced to live with his lazy neglecting daddy, Mr. David Goldman.

      Don’t worry Sean, when you turn 18 you will be able to get out of dodge, and tell your rabbi daddy to stick it.

      Sara, stop groaning and please send me a picture of your (….0….) hole, to see if you qualify for an upcoming porn movie called “Schindler’s Fist,” OK? By the way, I heard that you are not A Lesbian … butt a Vagitarian, is that true?

      Luigi Vercotti, quit eating some many pizza-pies, that’s not “Amore,” instead, ask you mama to shave her mustache. I always have a hard time differentiating her from your dad, they are both so hairy. Why don’t you go sing “A$$-HOLE O MIO.”

      Steve King, if you don’t spread anymore lies, I won’t call you “PRIME CUTS: YO QUIERO TACO SMELL” anymore!

      Cheers,

      Costinha

    • Brasilia

      nice!
      nice to see the courts did the right thing. it must be very embarrassing for the Lins e Silvas to get smacked down in their own ‘house’. you’d think as intelligent as they are supposed to be, they would have given up by now. the more they keep bringing this up, the more damage they do to themselves as this whole case has been overwhelmingly unpopular in respect to their desires.

    • Luigi Vercotti

      Ha Ha Ha
      Good job by Judge Araujo. Obviously not a graduate of the same slimeball law school as the Lins e Silva (gay last name, by the way) a-holes. I truly pray that those scumbag lawyers lose their entire business, then they can sue themselves, as they brought it on themselves. Shitty Brazilian lawyers.
      Hey guys, Sean’s in the US! Ha ha ha ha ha ha ha…….

    • Steve King

      A just result!
      It really is incredible. This family, not content with depriving this man access to his son for years, then decide to try and sue him for money for damaged reputations? Whatever next?

      They did not like being called ´kidnappers´? Why? That is EXACTLY what they are! They want to think themselves extremely lucky that the so-called ´grandmother´ was not arrested when she recently entered the States!

      Good to see that the Brazilian justice system does occasionally work. These two ´lawyers´ have probably suffered ´damage´ to their careers due to the fact that they broke commonly understood and respected international laws… (That Brazil is a signatory to) Hardly a glowing endorsement of their legal abilities or their honor is it?

      I do so hope that they decide to take this still further and lose even MORE money in court fees!

      ….and then LEAVE Mr Goldman and his son alone in order to get on with the lifes these people tried so hard to (illegally) wreck.

    • sara

      Well we can see those monsters wanted to keep Sean kidnapped and extort money from Mr. Goldman. I waonder what more bad things they did to Mr. Goldman that he never discussed. They are sick!!

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