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Author Topic: Brazilian Justice System: New Case  (Read 11368 times)

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Offline Atlantic965

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« Last Edit: September 18, 2010, 10:09:14 AM by Bob D'Amico »

Offline KarlHindle

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #1 on: September 09, 2010, 08:52:37 PM »
I'd like to say "unbelievable" but I quit believing that was impossible years ago.

Bloody disgusting.
Emily's Dad - Karl Hindle
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‘Who gives a damn about the credit?’ Do what is right and the chips fall into place.” Congressman Chris Smith

Offline UD_student

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #2 on: September 09, 2010, 10:35:27 PM »
It is disturbing that someone who commits a crime as a minor can be released to someone other than his/her legal guardian. Then again, it makes me wonder what the US legal system would do in a case like that. Please note I do NOT think what Brazil is doing is morally correct.

Offline André Felipe

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #3 on: September 09, 2010, 10:39:05 PM »
Seems Rep Smith did not use the word "custody" as the legal terminology, a Government can not award custody (legally speaking), only a judge, and, in Brasil, the proper word, in regard to Family Law, is "guarda" (guard), not custody. Looks like what happened is that the federal police (and not a judge) let her go with the uncle's boyfriend (a decision that can be questioned).

Btw, a teen with 15 years old, using a fake passport, cheating authorities from the international airport of Boston, and get a plane to Brasil...I think that's very insane also.

I wonder how long US will take to demmand written authorization from both parents to a minor under 18 to travel inside and outside the country. That would prevent some of the international child abduction cases.

Offline UD_student

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #4 on: September 09, 2010, 10:49:01 PM »
I wonder how long US will take to demand written authorization from both parents to a minor under 18 to travel inside and outside the country. That would prevent some of the international child abduction cases.

I agree that is something that should be implemented as others have mentioned here as it would prevent some (but not all) abductions (or at least require documents to be forged). In this case I strongly wonder if the passport gave her a fake birthdate that said she was at least 18.

Offline FC_Florida

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #5 on: September 09, 2010, 11:20:56 PM »
Unbelievable! How come I haven't seen this reported in the Miami Herald and other local media? I have just tweeted about this.
* FC_Florida *

Offline Martin

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #6 on: September 10, 2010, 04:49:14 AM »
"Robert Hernandez said he has considered going to Brazil himself to get his daughter, but said he could be breaking Brazilian law if he were to attempt to get his daughter back on his own."

Bizarrely, this is actually true. I was told by my lawyer in Brazil after I was released from jail that if I attempted to approach my daughter I could be arrested since I was no longer the father under Brazilian law (despite the fact that I was considered the father for the purposes of a malicious child-support claim).

Was it President De Gaulle who once said "I am not in a serious country" when he visited Brazil?

Offline tweinstein

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #7 on: September 10, 2010, 05:59:45 AM »
Not related to this story, but another example of the insanity that comes out of the Brazilian legal system is that my wife's attorney filed, purely as a means to delay the case even further, an appeal of the ruling from February, 2010, which was 100% in my wife's favor. How do you appeal a ruling that is in your favor?

Offline lovellboys

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #8 on: September 10, 2010, 09:40:32 AM »
How do you appeal a ruling that is in your favor?

You should write a book and call it "Brazilian Law for Dummies".  How else is anyone supposed to have a clue how to navigate their system?

On this story, and remembering what it was like when I was 15, I would probably just let it go.  If she thinks she is old enough to make decisions like this, then she is old enough to be on her own.  Let her learn life's lessons the hard way.  No support, no money, no new clothes, no college - make her an emancipated minor.   

Offline ANALE

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #9 on: September 10, 2010, 10:19:46 AM »
What is it with Brazil (and other countries also I might add) that they want to keep children illegally?  Don't they have enough of their own?  Go to the favelas and take care of the poor kids there.  I am sure there are plenty of them.  Wasn't it Ricardo that said there are ex-wives, ex-husbands etc. but there is no such thing as an ex-parent?  It should be such an easy thing for the father to go to Brazil and claim his minor daughter.  By the way, the people taking her under their roof should be thrown in jail.  But this is BRAZIL!!

Offline Nicole's Dad

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #10 on: September 10, 2010, 11:23:27 AM »
Just more proof that the United States government is just as bad off as the Brazilian government. I am puzzled on how the Brazilian feds handled this.

I will say this though. I do like the fact that Brazil does have an exit policy whereas the US does not. When my oldest daughter and I were leaving Brazil in July aftre visiting Nicole, she had to show the authorities her legal document that her son was legally okay to leave the country with her. This little boy did not have a Brazilian passport but an American passport and they still wanted to see the legal papers that would allow him to leave. That is a very good policy to have in place when an adult is traveling with a child. I have to say for the first time ever that I was impressed at all the checkpoints where this document was asked for.

The problem doesn't lie with Brazil. It lies within the borders of the United States. Why do we allow children to leave this country without stricter laws and policies in place?

Offline lovellboys

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #11 on: September 10, 2010, 11:57:27 AM »

The problem doesn't lie with Brazil. It lies within the borders of the United States. Why do we allow children to leave this country without stricter laws and policies in place?

I have a friend who feels secure in the fact that she 'flagged' her child's passport so that no one can take him out of the country without her knowledge.  There is no such thing as 'feeling secure' with our border controls.  Too many children slip through the cracks for so many reasons.   


Offline BringJusticeHome

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #12 on: September 10, 2010, 03:17:23 PM »
"If this was a senator's daughter, if this was a congressman's daughter, somebody would've gotten her back already," said Samantha's father, Robert Hernandez of Florida.    <--- Very true statement. That goes for all of us LBP's.. If you trust the U.S govt anymore then the Brazilian government then you are a fool. I am a Marine Veteran and ive seen first hand the stuff that this government does and doesnt do. I dont trust the U.S or the Brazilian government at all. The government has done nothing to help assist me, in my case. Everyone on this site has done more for me then my very own U.S government. If it wasnt for everyone on this site, i would have no hope, and not know what to do!

Offline Bob D'Amico

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #13 on: September 14, 2010, 12:25:03 AM »
I have been contacted by Joan Allard, the mother of this girl, Samantha Hernandez, she is looking for any help possible.

LET'S HELP

Start here at the How to Help page http://bringseanhome.org/wordpress/action/how-to-help/

Please contact the Brazilian Ambassador with polite letters and emails asking that Brazil drop the illegal entry charge against this minor girl and immediately return her to her parents in the USA.

Personally I have a bad feeling about the future for this minor girl if she is not repatriated to the US very fast. The US Embassy in Brazil cannot protect her.

H.E. Ambassador Antonio Patriota
Ambassador of Brazil to the United States
3006 Massachusetts Ave NW
Washington, DC 20008-3634
Phone: 202 238 2805

ambassador@brasilemb.org
http://www.brasilemb.org

More ideas are welcome
Bob D'Amico

Offline Sashia

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Re: The Insane Brazilian Justice System is at it Again ! ---- New Case
« Reply #14 on: September 14, 2010, 01:26:02 AM »
Done! The world gets curiouser and curiouser!! :confused: