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Excellent article in Brazil

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Another good article from Luiz Leitão, a Sao Paulo administrator about Sean's case: clear and concise.

Who decides for Sean Goldman?

The argument of the policewoman of the boy norteamericano Sean Goldman, 9, is adopted by me of Brazilian mother and father norteamericano, it must be based on the obviousness of which he is a citizen norteamericano, born and exclusively, nevertheless the subsequent consular register.
When n. 54/2007 was born in the United States, it is applied to the case, internally, the 2nd article of the Constitutional Correction: "The born ones abroad between the seven of June of 1994 and the date of the promulgation of this Constitutional Correction, Brazilian children of father or mother, they will be able to be registered in diplomatic distribution or consular competent Brazilian or in trade of register, if they will come to reside in the Federative Republic of Brazil."
The boy here came, in 2004, only to enjoy some days of holidays, like tourist, and was kept illegally by the mother, well died. He did not come to live in Brazil, for objection of his father. The practice of a civil ilicitude – object of the Convention of Hague is left the Civil Aspects of the International Seizure of Children - it cannot produce except other ilicitudes.
So, though there is consular register of the birth of the juvenile, it will be ineffective, in Brazil, while the child does not come when legitim will reside and necessarily this way. The constitutional transition standard does not hold alternative, there is imposing in the direction of the local dwelling like condition to the full practice of citizenship native of the juvenile had abroad of Brazilian father or mother not to service of Brazil.
The puzzle is finished, also under the approach of the applicable nationality, however irrelevant this question is in the solution of the case subordinated to the Convention of Hague.
Sean is a citizen norteamericano, born and exclusive, soon, it is in irregular situation in the Country, when the passport expedition is falling to his deportation for impossible to person younger than 18 years desassistido of legal representative.
Important to point out that to include in the discussion on the Convention of Hague arguments connected with the Theory of the Nationality is a useless legal maneuver, mere means protelatório, since the boy will only be regulated by the Convention of Hague up to 16 years, and will have been, so exposed to the pathology called Syndrome of the Parental Alienation, which the civilized nations try to avoid.
Not to see that like a phenomenon completely in accordance with the circumstances of these dramas is to damage the interests of the sacrificed child, which do not get confused, in fact, so that, in his innocence, it can have suffered during a good time, to the default of control and inspection - because abducted or kept illegally - it will come to declare. In this sense, it did well the judge whom it excused of hearing it in an embarrassing formalities scenery to the expression of the feelings, ideas and wills.
A child is a man of right, but his will is an object of official protection, just on account of his benefit.
Sean Goldman must return to his free country of this illegal retention in Brazil, if before that it does not come to be deported, of law necessity.

I complimented him for the article, saying that people like him are helping change the Brazilian point of view about this case:
Dear Mr. Leitao:
Congratulations on your excellent article published on the site. I published it on the website which thousands of people participate. People like you are helping to open the eyes of Brazilians, who were lambasted with the web of lies produced by the LeS.
We hope that this case comes to a conclusion very soon, since the boy is suffering, the father is suffering and we volunteers are tired!

Grace, it was a great article and much appreciated by MR. LEITAO

Rio Gringa:
Good?? That was GREAT! He shot down Tostes' main legal argument about keeping Sean in Brazil.

Awesome job, Leitao!!


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