Welcome, Guest. Please login or register.

Author Topic: "How Sean lives": Available extract of Epoca newsmagazine running this weekend  (Read 7884 times)

0 Members and 1 Guest are viewing this topic.

Isabel

  • Guest
It's really not a desire to entertain gossip or make David feel even worse for living with a two-face person, who apparently was gesturing "I love you" in the airport when she knew she wasn't returning.
 
However, IF they already knew each other and where already planning this whole thing, and somehow this can be proven, then it goes towards INTENT and will help, IMO, the Federal Courts of Brazil declare that this is a Hague matter and that custody should be decided in the US. I mean, if Bruna had really contacted the US attorney while in the US, does that not tell us something? I honestly think that it is important to get to the bottom of this. I have a feeling that kind, good Brazilians will think very differently if it comes to light that this whole thing was staged by the mother and the wealthy later-to-be stepfather, if this was the case. I know for a fact, most of them are fed up with being screwed over by the more influencial.

Offline André Felipe

  • Veteran Member
  • *****
  • Posts: 1081
Quote from: Jaboo;3319
I beleive it will go to the STF because it is a matter of international treaty and not personal rights.
 
The STJ was the organ that ordered that case back in the federal level.

The argument "a matter of international treaty" will be used to take this case to the STJ.
 
To take this case to the Supreme Court (STF), those who loose in the STJ will have to make an argument that talks about a violation of the brazilian´s Constitution, or a decision accusing the international treaty of unconstitutionality, and this will be very difficult to argue (and to happen).

Offline FC_Florida

  • Veteran Member
  • *****
  • Posts: 569
Just another product placement sponsored by the Lins E Silva Family and affiliates...:mad:

I guess their desperation is becoming too obvious! Let's brace ourselves for tomorrow night on Fantastico.
Hopefully, the Brazilian people will see beyond all the manipulation by Globo. By the way, Revista Epoca, in which this story was published, belongs to Globo, in case some of you didn't know...
* FC_Florida *

Offline rlw.mom

  • Full Member
  • ***
  • Posts: 172
Can anyone tell me if the comments in the Epoca article are supportive of David.... what is the general feelings of the comments at the end of the article.  I don't speak Portuguese.

Isabel

  • Guest
About an hour ago I checked out the comments in Epoca and I would say its 50-50%. It seems to me, however, that those that are for the Lins e Silva are so, because of how David is being portrayed (as living off of Bruna and not liking to work).
 
There are some people that think the 2 families just need to work it out.
 
In the middle there is a bit of USA vs Brazil, exactly what IMO Lins e Silva was hoping for when he wrote that letter the way he did.

Offline FC_Florida

  • Veteran Member
  • *****
  • Posts: 569
Quote from: rlw.mom;3384
Can anyone tell me if the comments in the Epoca article are supportive of David.... what is the general feelings of the comments at the end of the article. I don't speak Portuguese.

Well, if in the beginning it says the family is opening their home to the media to talk exclusively to Epoca magazine for the first time ", you can figure out the tone for the rest of the article...
I could not access the whole article, since there are two links you can only access if you are a registered member, so I am not sure if the people who wrote it redeem themselves at some point.
* FC_Florida *

Offline mfer

  • Veteran Member
  • *****
  • Posts: 618
from facebook


How Sean Goldman lives
Epoca visited the boy who is the reason of a judicial battle between US & Brazil that may involve Lula and Barrack Obama

REDAÇÃO ÉPOCA

Here's a short version of the article that will come out on Epoca's march 7th edition

BRAZILIAN
Sean poses with a replica of the World Cup, with stepdad and his mom, around the 2006 World Cup

Sean Bianchi is a handsome, smart and loving boy, nearly nine years old and dual citizen: Brazilian & American. He was born in New Jersey, USA, but has been living since 4 years old in Rio de Janeiro. He won't let go of his nonna (grandma in Italian), he's always "attached" to her. They're both tan, brown eyes and hair. He's proud of being really good at basketball and a Math and Essay wizard. He doesn't like to study History. When he's standing still, he is always touching the images of the pendants around his neck: one is Yemanja (the goddess of the ocean), another has the inscription Agnus Dei (latin term that means Lamb of God), the third is a 4-leaf clover; the biggest one, the thinnest, carries the face of his mother.

Sean lost his mother tragically on September of last year. Fashion Designer Bruna, died when she gave birth to daughter Chiara. She was 33. Since then, Sean sees a psychologiste once a week. He lives is a 2700sq feet condo in a luxury building in Jardim Botanico, close to Lagoa, In Rio de Janeiro, with a large balcony, many plants, works of art and old tapestries. He lives with a large family: maternal grandparents Silvana and Raimundo, an uncle that's almost a big brother, Luca Bianchi - actor, surfer and jiu-jitsu black belt. he shares a bedroom with his stepfather, whom he calls dad, Joao paulo Lins e Silva. The truth is, Sean usually falls asleep in the grandparents' bed, and then Joao Paulo directs him, almost sleepwalking, to the colorful bedroom, where we see pictures of elephants and other animals on the wall. He can no longer carry him as he used to. Medieval games on the computer and many sports, along with weekend surfing at Piara Rasa in Buzios, are part of Seans's life. Besides the complaints he gets from other when he leaves clothes scattered on the floor, Sean is supervised when doing his homework by a family that says, above everythig, that wants the best for him and his well-being. He's lucky. It's obvious, for someone who spends a day at his home, that he feels supported by others but not spoiled, and would rather remain anonymous. Until his mother died, he was just "Shan", "Sam", "Shon", a popular boy among his friends, which a name hard to pronouce (for Portuguese speakers).

If he only had to endure the pain of losing his mother, Sean Richard Bianchi Carneiro Ribeiro Goldman (his full name) he'd be a privileged boy. But he's in the center of a judicial dispute between two families - and two countries, Brazil and USA. An argument that went beyond the walls of their home and became a diplomatic issue, an international circus, with Sean's face and his past all over the internet by his biological father, former model David Goldman. He is nowadays a partner in a charter fishing boat company.
Seans family in Rio only opened their doors to Epoca magazine after a lot of reluctance, because the case has reached political dimensions and the midia abroad. And due to, according to the version of the stepfather, the grandparents and the uncle, david goldman, the biological father, started a "campaign of slander" against the Brazilian family since Bruna died.

When speaking to Epoca, the family revealed that when Bruna separated from Goldman, she said she was afraid of being alone with the husband in a foreign country because, when they argued, he would become violent and punch the furniture and the walls. That's why she filed for divorce and decided to remain in Brazil.
After the separation, Goldman filed a suit against the ex-wife and wx-in-laws for abduction and violation of the Hague Treaty - which is about children taken to a different country. During four years the biological father opted for not seeing his son and instead insist on these allegations. The Brazilian family says they have offered Goldman to pay for his travel expenses so he could come to Brazil and visit his son. According to the family, that was not an option for Goldman, who appeared at the door of their condo where Sean lives with Brazilian Federal agents, American consulate employees and the NBC crew. The boy was not found, he was spending the holiday weekend in Angra dos Reis.

According to the Brazilian family, Sean's biological dad would have asked for US$500,000 - what Goldman denies - to remove the grandparents' names as "co-authors" of the kidnapping. They agreed to US$150,000.

What David Goldman, the biological dad, says:
1) the marriage was going well, sex was regular and he had his modeling job
2) he doesn not undertand the reason why Bruna left USA with his boy
3) The Brazilian family does not allow him to have contact with his son
4) Bruna and Sean (who was born in the US) had a good lifel and he wanted them to come back to the US$150,000 amount was part of a judicial settlement to remove the in-laws' names from the lawsuit

What Bruna's family says
1) The relationship "died" when son was born, sex was non-existent and she supported the home
2) Bruna did not premeditate to stay in Brasil and only met Joao paulo 6 months after the separation
3) The mother and grandparents never received a request for visitation
4) the life of Bruna and Sean (dual citizen) would be better in Rio
5) Goldman exploits the image of his son and wanted US$500,000 to remove the in-laws' names from the lawsuit

Offline liesl78

  • Global Moderator
  • Veteran Member
  • *
  • Posts: 2105
Yes, I posted this translation and and it was copied onto facebook. It's on the other thread.
 
I just got off the phone with my aunt in Brazil. She said she just saw the Fantastico commercial about this, and I asked her about Epoca. She hasn't read it, but from the moment she heard that the stepdad was a "Lins & Silva", she felt sorry for David to go against him. She said she's praying for the boy, because the family brainwashed him (her words, I hadn't said anything about the article yet).
 
Now, please understand my aunt is the kind of people who would probably believe the article and say the boy was better off in Brazil. I's glad I spoke to her about this, because on Monday people will talk about Fantastico everywhere and she'll be able to say "it's not really like that, you don't know the whole story".
Liesl78
Moderator
BringSeanHome.org

Offline roger

  • Veteran Member
  • *****
  • Posts: 598
Quote from: liesl78;3404
Yes, I posted this translation and and it was copied onto facebook. It's on the other thread.
 
I just got off the phone with my aunt in Brazil. She said she just saw the Fantastico commercial about this, and I asked her about Epoca. She hasn't read it, but from the moment she heard that the stepdad was a "Lins & Silva", she felt sorry for David to go against him. She said she's praying for the boy, because the family brainwashed him (her words, I hadn't said anything about the article yet).
 
Now, please understand my aunt is the kind of people who would probably believe the article and say the boy was better off in Brazil. I's glad I spoke to her about this, because on Monday people will talk about Fantastico everywhere and she'll be able to say "it's not really like that, you don't know the whole story".

Here's my take after reading the full piece, guys: the general purpose and goal of the PR piece is to make sure that everyone understands that Sean is way too confortable with his current situation to be bothered with yet another life-changing experience.

It takes for granted how well-adjusted he is and how he will never make it in the U.S. with adults he barely knows. In addition, how unfair it is that a kid is paying the price for an adults' and governments's fightings in courts when he's got his life absolutely settled in Brazil in a way it just can't be in the U.S. anymore.

The story goes on to clearly state that Sean refers to David as "David" and to JPLS as "Dad", but that was Sean himself that spontaneously came up with this arrangement and is confortable with it.

The writer, who is, by the way, a very reputable editor for the magazine, makes a strong case for Sean to stay as he is, and strongly implies that David and the Brazilian family settle at the courts to whichever visitation arrangement is possible under the circumstances.

And that all the diplomats, governments or judges must do at this point is to make sure the well-being of the kid is all that matters.

I did not see much slander against David or gossip or details about sex life or other cheap shots, as this was not their main goal: the goal was to put Sean at center-stage as this happy kid whose life will definitely be ruined, no matter how he came to Brazil and how the adults and judges and diplomats and presidents have and will have managed his custody battle.

That's my general feeling of the full PR piece aka the Epoca cover story for this week.

How did the Epoca manage to get rid of the Hague Convention's provisions for an expedite reunion? With a lie. It briefly went through the bad wording of Art. 12 cheaply concluding that, since an expedite reunion did not happen, then the exception of "best interest of the kid after one year has elapsed" applies. And when we know that's not what article 12 means at all.

As I learned doing homework for this case, Art. 12 does apparently forfeits the right of the left-behind parent to be reunited if he or she fails to take legal action for reunion and a year of "adjusting to the new country" has elapsed.

However, as we also know,that's not what Art. 12 of the Convention says at all. It says that even after one year has elapsed without the left-behind parent seeking no legal action (which is not the case here), he or she still has a chance or reunion, as long as the child is not already settled.

This exception was wrongly applied in Brazilian courts in this case, and that seems to be the main goal of the Federal Union and David, as plaintiffs, in the Federal Court that has just been finally appointed as having jurisdiction over the case and which will discuss the Hague Convention as it should have been.

To sum it up, the PR piece is Sean's call saying: "leave me alone for now, I'm fine, and, please, whichever decision you guys make, make it when I'm old enough to make my own voice be heard in court. And, by the way, David, you seem a nice fellow and all, but I don't quite know you anymore, I'm with a new family and fine with them, so why should I live with you?"

At the end of the day, a very weak story from the legal point of view. The point is to turn public opinion, which has indeed turned 50-50 by now tomorrow's feature in Fantastico will turn much more of Brazilian public opinion against David almost immediately.

But you all know what? I doubt any of it will play such a strong tune with the judges and justices that will review the matter from now on.

The desperation with losing a court battle the LeS thought they could swiftly win in the end is abundantly apparent in Epoca's piece. This is why is so focused on Sean himself.

And as someone ele so truly mentioned earlier here, the LeS would have not bother to spend an awful lot of money on PR if they thought they were still safe in the courts.

In any case, let's see how Fantastico's editing is going to turn out, and keep those nice, polite e-mails coming in to their mailboxes kindly asking for a fair editing.

Offline Jaboo

  • Full Member
  • ***
  • Posts: 126
Well put Roger.
2 questions.
Doesnt the constitution state that the well being of the child must be held in consideration and doesnt the constitution supercede treatys under law?

Offline roger

  • Veteran Member
  • *****
  • Posts: 598
Yes, the Constitution supersedes the treaty as they are in equal position in legal hieararchy. And it's quite common that all countries can legally not apply specific articles of international conventions and treaties if they violate their own public policy.

For example, Brazil would never enforce a legal ruling by a U.S. judge demanding the extradiction of a convicted criminal to death sentence living here because no crime can be punished by the death penalty here.

But here is the answer to your actual question: Hague does not violate domestic law and not even the Constitution because both the whole convention must be interpreted as upholding the best interest of the child as the primary concern, just like our Constitution does. So there is no conflict at all between the two! Great, isn't it?