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acsgomes
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« on: May 20, 2010, 04:26:15 PM » |
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Saiu a decisão da 1a turma do STF no agravo regimental do David contra a Bruna: http://www.stf.jus.br/portal/processo/verProcessoAndamento.asp?incidente=2642024A decisão foi: Decisão: A Turma negou provimento ao agravo regimental no agravo de instrumento, nos termos do voto do Relator. Unânime. Ausente, justificadamente, o Ministro Ayres Britto. Presidência do Ministro Ricardo Lewandowski. 1ª Turma, 18.05.2010. Alguém sabe se isso pode ter alguma implicação contra o David e a favor da família brasileira? |
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M.Capestro
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« Reply #1 on: May 20, 2010, 04:39:14 PM » |
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If I'm reading all of this correctly, this is the official dismissal of the complaint filed against the 7/1 ruling ordering Sean's return to David / the U.S.
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acsgomes
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« Reply #2 on: May 20, 2010, 04:47:14 PM » |
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If I'm reading all of this correctly, this is the official dismissal of the complaint filed against the 7/1 ruling ordering Sean's return to David / the U.S.
No, this is the official dismissal of the complaint David filed against Bruna in the STF. |
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André Felipe
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« Reply #3 on: May 20, 2010, 04:58:22 PM » |
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They just denied David's request to archive the case. The proceeding will continue, against Bruna's assets
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M.Capestro
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« Reply #4 on: May 20, 2010, 05:07:54 PM » |
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Thank you, André Felipe! I will be the first to admin that a lot of the legal workings are "above my pay grade."
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acsgomes
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« Reply #5 on: May 20, 2010, 05:16:37 PM » |
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They just denied David's request to archive the case. The proceeding will continue, against Bruna's assets
Ok.........David asked to archive the case based on the fact that Bruna died, and that was denied by the STF. If I understood correctly, the proceeding will continue, so the STF will have to rule about the decision of the STJ in favor of Bruna (now, her family represented by the "espolio") to keep Sean in Brazil. So, what are the consequences if the decision is in favor of the "espolio"? |
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lovellboys
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« Reply #6 on: May 20, 2010, 06:17:01 PM » |
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They just denied David's request to archive the case. The proceeding will continue, against Bruna's assets
Ok.........David asked to archive the case based on the fact that Bruna died, and that was denied by the STF. If I understood correctly, the proceeding will continue, so the STF will have to rule about the decision of the STJ in favor of Bruna (now, her family represented by the "espolio") to keep Sean in Brazil. So, what are the consequences if the decision is in favor of the "espolio"? moot point - the US, NJ specifically, has jurisdiction now. I would be concerned about the impact on current and future cases, but any decision against David would not mean Sean goes back. |
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phillyone
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« Reply #7 on: May 20, 2010, 07:39:49 PM » |
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ok, I'm lost.. What case is this all about?
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André Felipe
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« Reply #8 on: May 20, 2010, 10:14:15 PM » |
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moot point - the US, NJ specifically, has jurisdiction now. I would be concerned about the impact on current and future cases, but any decision against David would not mean Sean goes back.
Exactly. In any case, Sean's current situation won't be changed. But I think an unfavourable decision (favourable to Bruna) would be a bad precedence for others LBPs that are "fighting" against the mothers of the children. I think this proceeding should be archived, not only because Bruna is dead, but because Sean returned and it was decided in another proceeding. That's strange to me, and it worries me. |
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Bree
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« Reply #9 on: May 20, 2010, 10:27:46 PM » |
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How can Bruna fight a case from her grave? It should be archived. Case closed!
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"Every parent who has a child and they tuck him in at night, or her in at night, and they wish the best and only the best and they will always protect the child and do whatever they can, but most of the time they don't have to prove it. I'm in the proving grounds, to myself and to my child. I have to get him home and I will do whatever I have to. I'll never stop to save him." --David Goldman
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phillyone
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« Reply #10 on: May 21, 2010, 07:53:21 AM » |
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I'm not sure I quite understand this.. but I hope whatever it is is a good thing for David!
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