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Author Topic: STF President decision expected 12/21: 5pm UPDATE DECISION NOW EXPECTED TUESDAY  (Read 131575 times)

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Offline Chicco

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STF President decides about Sean Monday 21st
« Reply #16 on: December 20, 2009, 07:07:07 PM »
Ok folks, now it is time to prey and keep positive thoughts. This one is from G1 - Globo at 9pm today. I am free translating right below. The one deciding will not be Minister Cesar Peluzo but the President of the STF Gilmar Mendes, and for me this is good... but I always think positive so let´s wait for our lawyer friends to comment.... Good dreams, Chicco
 
/ rio de janeiro / justiça
 
O Portal de Notícias da Globo
 
 
20/12/09 - 21h00 - Atualizado em 20/12/09 - 21h05
 
Presidente do STF decidirá caso Sean Goldman nesta segunda
 
STF President will decide Sean Goldman´s case this Monday
 
Gilmar Mendes analisará dois mandados de segurança.
Eles pedem a derrubada de uma liminar que manteve o menino no Brasil.
 
Gilmas Mendes will analyse the two injunctions filed.
They request the stay granted last Thursday allowing the boy to remain in Brazil to be suspended.
 
Eduardo Bresciani Do G1, em Brasília
 
 
 
A assessoria de imprensa do Supremo Tribunal Federal (STF) informou na noite deste domingo (20) que o presidente do STF, Gilmar Mendes, tomará uma decisão nesta segunda-feira (21) sobre os mandados de segurança impetrados no tribunal pela Advocacia-Geral da União (AGU) e pelo pai biológico do menino Sean, o norte-americano David Goldman, que pedem a revogação de uma liminar que garantiu a permanência da criança de 9 anos com a avó materna, no Brasil.
 
The Press Agency for the Federal Supreme Court (STF) just informed this Sunday night (20) that Gilmar Mendes, president of the STF, will be the one deciding this Monday (21) on the two injunctions filed at this courrt by the AGU and by David Goldman, the american father of Sean. Both request the suspension of the decision which allowed the 9 years old boy to remain in Brazil with her grandmother for the mother side.
 
A AGU e David Goldman deram entrada nos mandados nessa sexta-feira (18). A intenção é derrubar uma liminar concedida na quinta-feira (17) pelo ministro Marco Aurélio Mello à avó materna do menino, Silvana Bianchi.
 
David Goldman and the AGU filed the two writ of mandamus last Friday (18). The intention is to obtain an injunction suspending the decision in favour of the HC filed by Silvana Bianchi, Sean´s grand mother, last Thursday (17) by Minister Marco Aurelio Mello.
 
Em decisão provisória, Mello garantiu a permanência do menino no país até o julgamento definitivo da ação em que Silvana pede que seja tomado depoimento de Sean para que ele próprio decida entre deixar o país com seu pai biológico ou ficar no Brasil com a família brasileira.
 
In this decision, Mello guarantess the boy remain in Brazil until the final judgement of the HC filed by Silvana where she requests that Sean is heard so that he can decide himself whether he leaves the country with his father or stays in Brazil with his Brazilian family.
 
A liminar concedida pelo ministro do STF suspendeu uma decisão do Tribunal Regional Federal da 2ª Região (TRF-2), que, na quarta-feira (16), havia concedido prazo de 48 horas para que Sean voltasse para os Estados Unidos para viver junto a David Goldman. O pai biológico chegou ao Rio de Janeiro para encontrar o filho no início da tarde de quinta-feira.
 
Mello decision suspended a judgement ruled by the Regional Federal Court of the 2nd region Rio de Janeiro (TRF-2), last Wedesday (16) where it was given a 48 hours deadline for Sean to be returned to the American Consulate in Rio so he could go back to United States to live with David Goldman. His father arrived in Rio to meet his son early in the afternoon last Thursday.
 
O Supremo está em recesso, mas o presidente do STF está de plantão nesta semana e dará uma decisão sobre o caso.
The Supreme Court is already in summer recess, but as it happens in this circunstance, the President of STF is in place this week to decide over urgent matter and will provide a decion on this case tomorrow.
DAVID, YOU WERE NEVER ALONE !!!
I AM THRILLED TO SEE YOU BRINGING SEAN HOME !!! BE HAPPY AND HEAL WITH YOUR SON. YOU TWO DESERVE THE BEST :clapping:
 
I AM PRAYING FOR YOU TO BE THE BEST PERSON SEAN COULD HAVE IN HIS LIFE. GOD BLESS YOU
 
Chicco

Offline LukieD

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Re: STF President expected to make decision Monday
« Reply #17 on: December 20, 2009, 07:09:43 PM »
I merged Chicco's post into this thread since the same topic is being discussed.


Offline Chicco

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Re: STF President expected to make decision Monday Dec 21
« Reply #19 on: December 20, 2009, 07:12:17 PM »
Sorry guys... I was so excited I did not see Jonathans thread... my mistake....
DAVID, YOU WERE NEVER ALONE !!!
I AM THRILLED TO SEE YOU BRINGING SEAN HOME !!! BE HAPPY AND HEAL WITH YOUR SON. YOU TWO DESERVE THE BEST :clapping:
 
I AM PRAYING FOR YOU TO BE THE BEST PERSON SEAN COULD HAVE IN HIS LIFE. GOD BLESS YOU
 
Chicco

Offline Luiza

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Re: STF President expected to make decision Monday Dec 21
« Reply #20 on: December 20, 2009, 07:13:21 PM »
Wouldn't that be a wonderful Christmas present for David and Sean if they can leave tomorrow.

JonathanR

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Re: STF President decides about Sean Monday 21st
« Reply #21 on: December 20, 2009, 07:15:50 PM »
WHAT?!!!! TOMORROW?!!!! Praying hard........
« Last Edit: December 20, 2009, 08:21:09 PM by ChristineS »

Offline Chicco

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Re: STF President decides about Sean Monday 21st
« Reply #22 on: December 20, 2009, 07:24:37 PM »
Quote from: JonathanR;53124
WHAT?!!!! TOMORROW?!!!! Praying hard........

It´s the case of the injusctions filed Friday that he is deciding tomorrow, but hopefully is enough for David to get Sean back, since if decision is to suspend Mello decision, the judgement ruling is back in force.
 
If all goes right David will need all the help he can get. This will be wonderful news for David and many in US in Brazil but this new rupture after all the psicological violence Sean has suffered will be a tough moment for the kid... So when we prey God bless the Minister and enlight him to take the decision needed to settle this case once for all and return Sean to David, but let´s also prey that if this happens Gold also bless Sean, David, David´s family and friends during this whole life transition.
DAVID, YOU WERE NEVER ALONE !!!
I AM THRILLED TO SEE YOU BRINGING SEAN HOME !!! BE HAPPY AND HEAL WITH YOUR SON. YOU TWO DESERVE THE BEST :clapping:
 
I AM PRAYING FOR YOU TO BE THE BEST PERSON SEAN COULD HAVE IN HIS LIFE. GOD BLESS YOU
 
Chicco

Offline sue

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Re: STF President expected to make decision Monday Dec 21
« Reply #23 on: December 20, 2009, 07:30:13 PM »
I would hope it would be immediate as well, instead of this 48 hours.  Or at least 24 hours, since he was 24 or more hours into the wait in the first place before the stay was issued.

Offline Chicco

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Re: STF President expected to make decision Monday Dec 21
« Reply #24 on: December 20, 2009, 07:33:52 PM »
Quote from: gail;53130
I would hope it would be immediate as well, instead of this 48 hours. Or at least 24 hours, since he was 24 or more hours into the wait in the first place before the stay was issued.

I don´t know if STF President can technically do something about it unless it is part of at least one of the writs of mandamus filed by David and AGU, but our lawyer members probably understand how it goes. I would hope you are right and the 48 hrs do not start from zero...
DAVID, YOU WERE NEVER ALONE !!!
I AM THRILLED TO SEE YOU BRINGING SEAN HOME !!! BE HAPPY AND HEAL WITH YOUR SON. YOU TWO DESERVE THE BEST :clapping:
 
I AM PRAYING FOR YOU TO BE THE BEST PERSON SEAN COULD HAVE IN HIS LIFE. GOD BLESS YOU
 
Chicco

Offline Rio Gringa

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Re: STF President expected to make decision Monday Dec 21
« Reply #25 on: December 20, 2009, 07:36:00 PM »
Personally, I'm more concerned about the enforcement of any ruling than the ruling itself. The family claims to want to "negotiate" but we all know the potential for problems with them.

Offline Chicco

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Re: STF President expected to make decision Monday Dec 21
« Reply #26 on: December 20, 2009, 07:38:18 PM »
Quote from: Rio Gringa;53132
Personally, I'm more concerned about the enforcement of any ruling than the ruling itself. The family claims to want to "negotiate" but we all know the potential for problems with them.

The fact all of this is happening right at Christmas time is what I like least as it helps emotions to escalate ... (it is good and bad at the same time)
DAVID, YOU WERE NEVER ALONE !!!
I AM THRILLED TO SEE YOU BRINGING SEAN HOME !!! BE HAPPY AND HEAL WITH YOUR SON. YOU TWO DESERVE THE BEST :clapping:
 
I AM PRAYING FOR YOU TO BE THE BEST PERSON SEAN COULD HAVE IN HIS LIFE. GOD BLESS YOU
 
Chicco

Offline Audax

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Re: STF President expected to make decision Monday Dec 21
« Reply #27 on: December 20, 2009, 07:42:33 PM »
I'm worried that they might take off with Sean. There should be surveillance at the compound. Also, if David really has to wait out the 24 or 48 hours, maybe Sean should be in the guard of officials. You know that the kidnappers will use every minute they have Sean to brainwash him and try to alienate him from David.

Offline sue

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Re: STF President expected to make decision Monday Dec 21
« Reply #28 on: December 20, 2009, 07:44:03 PM »
I'm sure they will have that all covered and I do think it is really helping that Chris Smith is over there with David.

Offline André Felipe

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Re: Possibility Sean will be returning next week??
« Reply #29 on: December 20, 2009, 08:00:26 PM »
Quote from: Rio Gringa;53104
Because of the political pressure, there seems to be a small possibility that this judge could issue Sean's immediate return to the US, but from what I understand, the family can still appeal the TRF-2 decision to the STJ. But since the emergency decision is being made in the STF, which is the highest court, maybe there's some way to prevent this.

That's very very possible, indeed.
But I realy would not like to be this STJ plantonist Minister (if he tends to grant a stay order in favor to JPLS, specially if Gilmar Mendes cancel MA's preliminary decision tomorrow)