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Goldman Forums => Main Forum (Goldman) => Topic started by: ChristineS on December 22, 2009, 06:37:22 AM

Title: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
Post by: ChristineS on December 22, 2009, 06:37:22 AM
Please keep this thread specifically related to today's announcement, which we are still expected to hear 10am Brazil time, or 7am EST.
Other threads to watch for news are the Media Coverage Tues Dec 22 and Bring Sean Home News: THE LATEST (Locked Thread)
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Christine on December 22, 2009, 07:03:51 AM
The Today show just reported that David's lawyers have been called to the court and the decision could be any minute now!
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Guenevere on December 22, 2009, 07:04:42 AM
Quote from: Christine;54807
The Today show just reported that David's lawyers have been called to the court and the decision could be any minute now!

PRAYING!!!!!!!!!!!
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Caldwell on December 22, 2009, 07:05:48 AM
Quote from: Christine;54807
The Today show just reported that David's lawyers have been called to the court and the decision could be any minute now!

Today show on here. Healthcare bill right now.
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: tuckwoods on December 22, 2009, 07:06:14 AM
Around 6:57 AM (EST), On our local NBC station here in NYC the reporter said that the grandmother might be willing to hand Sean over to David Goldman if she is allowed to board the plane.  Was not clear though if she wanted to be on the entire flight to NJ or if she would just be boarding at the beginning and getting off the plane before it departs.
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Leah on December 22, 2009, 07:10:07 AM
Quote from: tuckwoods;54811
Around 6:57 AM (EST), On our local NBC station here in NYC the reporter said that the grandmother might be willing to hand Sean over to David Goldman if she is allowed to board the plane.  Was not clear though if she wanted to be on the entire flight to NJ or if she would just be boarding at the beginning and getting off the plane before it departs.


How could the grandmother hand Sean over? Doesn't JPLS have "legal custody" (using that term very loosely) of Sean? Wouldn't he have to give his consent? Or does that not matter? I understand that Bruna's mother has been running the show unofficially...But officially will JPLS need to "sign off" on anything? Legal experts, what do you think?
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: mikeberry on December 22, 2009, 07:11:07 AM
Quote from: tuckwoods;54811
Around 6:57 AM (EST), On our local NBC station here in NYC the reporter said that the grandmother might be willing to hand Sean over to David Goldman if she is allowed to board the plane. Was not clear though if she wanted to be on the entire flight to NJ or if she would just be boarding at the beginning and getting off the plane before it departs.

 
Getting off before it takes off makes more sense.
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: SageDad on December 22, 2009, 07:12:22 AM
Quote from: Leah;54827
How could the grandmother hand Sean over? Doesn't JPLS have "legal custody" (using that term very loosely) of Sean? Wouldn't he have to give his consent? Or does that not matter? I understand that Bruna's mother has been running the show unofficially...But officially will JPLS need to "sign off" on anything? Legal experts, what do you think?


Once the president of the supreme court makes a decision the opinions of the kidnappers are completely irrelevant.
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: jl2saint on December 22, 2009, 07:13:18 AM
Quote from: carlos;54834
Once the president of the supreme court makes a decision the opinions of the kidnappers are completely irrelevant.
:yeahthat::yeahthat::yeahthat::yeahthat:
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Christine on December 22, 2009, 07:13:40 AM
Quote from: mikeberry;54829
Getting off before it takes off makes more sense.


Nope... Jeff Rossem just said that The Evil Witch wants to fly back to the US!
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: SageDad on December 22, 2009, 07:14:44 AM
Quote from: Christine;54837
Nope... Jeff Rossem just said that The Evil Witch wants to fly back to the US!


Would like to how that sick twisted sorry excuse for a human being expects to look David in the eyes.
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: SageDad on December 22, 2009, 07:15:32 AM
Quote from: Christine;54837
Nope... Jeff Rossem just said that The Evil Witch wants to fly back to the US!


Why not just follow on her broom?
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Caldwell on December 22, 2009, 07:15:51 AM
So we still wait
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Guenevere on December 22, 2009, 07:15:58 AM
Ah now I am crying just from hearing how upset he was with what they are putting in poor Seans head.....lets just get him home and end this
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Caldwell on December 22, 2009, 07:16:22 AM
Quote from: carlos;54834
Once the president of the supreme court makes a decision the opinions of the kidnappers are completely irrelevant.


:yeahthat::yeahthat::yeahthat::yeahthat::yeahthat:
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Eccaka on December 22, 2009, 07:16:43 AM
David and Rep. Smith just on Today. David was very emotional. A decision should be announced within the hour
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Caldwell on December 22, 2009, 07:18:27 AM
David said that this "deal" about Nona coming with Sean was only made through the media, so it's just another tactic of theirs to look good. In other words, they're not serious, they did not even reach out to David directly.
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Caldwell on December 22, 2009, 07:19:20 AM
So it seems that NBC Today is probably our best source right now?
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Eccaka on December 22, 2009, 07:20:24 AM
Quote from: Christine;54837
Nope... Jeff Rossem just said that The Evil Witch wants to fly back to the US!


She is detestable, but I see this as a good sign. She knows this will not end in their favor
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Evadc on December 22, 2009, 07:22:41 AM
XXX, The Cow-Nona has proposed a deal to David:
SHE WILL HAVE TO COME ALONG WITH DAVID & SEAN TO NJ? What kind of mushroom this lady has been eating?
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: lisacallenwood on December 22, 2009, 07:23:14 AM
Looks like NBC, along with the stf twitter site would be my picks for when things break. IMHO.
 
Let's please remember to surmise, comment on the group therapy thread and keep this one as 'clear' as possible.
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Jessica on December 22, 2009, 07:23:15 AM
It doesn't matter if she flies home with Sean or follows on her broom as long as Sean is on a plane back to the USA. She is an evil manipulating hag but once Sean is back in Jersey with David she have to will realize that all control shifts to David. If she wants any type of meaningful relationship with Sean she will have to play by David's rules.
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: turo on December 22, 2009, 07:24:35 AM
Can someone post the STF twitter site link again?  Thanks!
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Evadc on December 22, 2009, 07:25:33 AM
Poor David, he is under SO much stress. IF David is like this, imagine Sean.The Old Cow and the Donkey LS are great with drama and Sean is the biggest audience.That is not good and healthy at all.Please God, let David win and bring Sean home today,please..
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Eccaka on December 22, 2009, 07:26:14 AM
Quote from: turo;54877
Can someone post the STF twitter site link again?  Thanks!


http://translate.googleusercontent.com/translate_c?hl=en&ie=UTF-8&sl=pt&tl=en&u=http://twitter.com/STF_oficial&prev=_t&rurl=translate.google.com&usg=ALkJrhiL-LZ4im91GIipvoRAGIZpaPfaYw
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: B.B on December 22, 2009, 07:27:00 AM
The witch must know that today is the day. Sean and David will be boarding back to NJ. I bet Sean cant wait to get back home with his dad.
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: danomyte on December 22, 2009, 07:27:32 AM
That lady is sick in the head. Give it up already. What does she think she is going to do when she gets here? First of all I can't imagine there are going to be too kind words for her when she gets off the plane, secondly does she think David is going to invite her over for coffee or something? She is grasping at straws!
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Leah on December 22, 2009, 07:31:36 AM
Can someone who has been watching the news this morning on the Eastern seaboard please describe what has been said and by whom? I'm in France and am dependent on the video links that people post. Was David on Today this morning (Tues 12.22)? What did he say? Thanks
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Herb Wife on December 22, 2009, 07:31:48 AM
News only here folks...need to be able to see at a glance : )
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Lily on December 22, 2009, 07:34:31 AM
Fox doing an update now, nothing new though...
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: mikeberry on December 22, 2009, 07:35:00 AM
Quote from: Herb Wife;54899
News only here folks...need to be able to see at a glance : )

Yes, please!  Especially for us poor people that have to try and "peak" from work.
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Herb Wife on December 22, 2009, 07:37:34 AM
Reporting postponement! Fox news! (possible)
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: DB4 on December 22, 2009, 07:39:01 AM
Quote from: Herb Wife;54913
Reporting postponement! Fox news!

 
What?  Am I reading this right?  Another postponement?
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: KLG on December 22, 2009, 07:39:44 AM
David and Chris Smith appeared on the Today Show.  David was very emotional - saying Sean needs to come home now.  Meredith asked him about Granny's offer to hand Sean over today with one stipulation - that she be on that plane home with them.  David said he had not received the offer, that it was only reported by a media source.  He said he can't even comment on that possibility.  Poor David, he looked so stressed.  They said a ruling could be handed down at any time.
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Leah on December 22, 2009, 07:41:53 AM
Quote from: KLG;54917
David and Chris Smith appeared on the Today Show.  David was very emotional - saying Sean needs to come home now.  Meredith asked him about Granny's offer to hand Sean over today with one stipulation - that she be on that plane home with them.  David said he had not received the offer, that it was only reported by a media source.  He said he can't even comment on that possibility.  Poor David, he looked so stressed.  They said a ruling could be handed down at any time.


Oh, pretty please! Anybody got a link to this video? Thanks!
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Eccaka on December 22, 2009, 07:46:29 AM
Quote from: Leah;54922
Oh, pretty please! Anybody got a link to this video? Thanks!

http://today.msnbc.msn.com/id/26184891/#34520953

(edited to link todays video)
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Jessica on December 22, 2009, 07:49:58 AM
just saw a intro for the Today show - it mentioned David but nothing about a postponement
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Caldwell on December 22, 2009, 07:50:18 AM
Quote from: Eccaka;54930
http://today.msnbc.msn.com/id/26184891/#34520953

(edited to link todays video)

For some reason, the admins have a "media" thread and a "decision" thread. Maybe we should keep the media links on the media thread.
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Herb Wife on December 22, 2009, 07:55:56 AM
maybe this one can be locked for admin only to report updates and final decision?


please!
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Eccaka on December 22, 2009, 07:55:58 AM
Quote from: Leah;54922
Oh, pretty please! Anybody got a link to this video? Thanks!


http://today.msnbc.msn.com/id/26184891/#34508014
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Guenevere on December 22, 2009, 07:58:19 AM
I am texting a very nice member who is leaving for work annd cannot receive updates.  If anyone needs to go to work and cannot access internet or tv and would like to be texted, I would be happy to do so, feel free to message me
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: chopchop on December 22, 2009, 07:58:36 AM
Quote from: Eccaka;54930
http://today.msnbc.msn.com/id/26184891/#34520953
 
(edited to link todays video)

 
Thank you!!!!
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Roberta Palermo on December 22, 2009, 08:03:23 AM
You are so nice! Iam stuck here reading everything you are writing. Roberta Palermo
 
 
Quote from: Guenevere;54948
I am texting a very nice member who is leaving for work annd cannot receive updates. If anyone needs to go to work and cannot access internet or tv and would like to be texted, I would be happy to do so, feel free to message me
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Eccaka on December 22, 2009, 08:06:10 AM
Quote from: chopchop;54949
Thank you!!!!


FYI: There's a link to part 2 (the live interview with David) in the media thread. I guess we are keeping this thread just for actual case updates. Probably so people don't have to wade thru  100+ pages of posts
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Guenevere on December 22, 2009, 08:08:13 AM
Maybe the word of another delay is just an effort from granny to cause more of a stir because she is about to have a nervous breakdown.  I think if we dont get a YES soon, the whole world will explode on Brazil....
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Eccaka on December 22, 2009, 08:10:48 AM
Fox news is reporting that the decision has been delayed again until Wednesday. So frustrating!

http://www.foxnews.com/story/0,2933,580792,00.html?test=latestnews
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Guenevere on December 22, 2009, 08:13:11 AM
Quote from: Eccaka;54967
Fox news is reporting that the decision has been delayed again until Wednesday. So frustrating!
 
http://www.foxnews.com/story/0,2933,580792,00.html?test=latestnews

 
I just read this.  how can this be?  Can the President step in and say enough?  This is beyond ridiculous. Just when you think it couldnt get worse it does, I dont get this
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: Eccaka on December 22, 2009, 08:24:35 AM
Quote from: Guenevere;54970
I just read this.  how can this be?  Can the President step in and say enough?  This is beyond ridiculous. Just when you think it couldnt get worse it does, I dont get this


Brazil's bizarre system of justice strikes again... who knows. I cannot sit in front of this computer again all day. As much as I want to see the happy news first hand, I may take you up on your generous offer to text news. I'll let you know. Thanks
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: DB4 on December 22, 2009, 08:31:08 AM
I can't take it!  This is crazy!
Title: Re: STF DECISION EXPECTED TODAY 12/22
Post by: doleary on December 22, 2009, 08:34:29 AM
This is from fOX
The American father at the center of an international child custody battle will have to wait another day — at the very least — to learn whether his 9-year-old son will return with him to the U.S. after Brazil's Chief Justice delayed his ruling again on Tuesday.
The Supreme Court ruling by Chief Justice Gilmar Mendes, which had been expected Monday, then Tuesday, would likely not come down until Wednesday.
David Goldman, the boy's father, and Brazil's attorney general are trying to enforce a lower court order that said the boy should be handed over to his father — despite attempts by a Brazilian stepfather to retain custody. Goldman would like to have his son back with him before Christmas.
In 2004, Goldman's wife, Bruna Bianchi, took his son Sean to her native Brazil.
Goldman says it was to be a two-week vacation, but she stayed and so did the boy. She eventually obtained a Brazilian divorce from Goldman and remarried.
Goldman was already seeking his son's return under an international treaty that covers cross-border child abductions when his former wife died last year giving birth to a daughter.
President Obama, the U.S. Congress and Secretary of State Hillary Clinton have all urged the child's return, and a U.S. congressman traveled to Rio on Thursday to continue lobbying for Sean's return.

On Thursday, another Supreme Court judge blocked a decision by a federal court earlier in the week ordering the boy be returned to U.S. authorities within 48 hours.
Goldman, who lives in New Jersey, flew to Brazil Thursday after the federal court ruling.
At the airport, an unidentified Brazilian woman in the crowd screamed at Goldman as he was leaving: "Leave your son here because he is happy! Don't take him away. You will regret it later; he doesn't know anyone in New Jersey."
Goldman showed no reaction to the woman's shout and was led by military police to a black SUV.
U.S. Rep. Chris Smith, who has been supportive of Goldman's fight and raised it in Congress, said upon landing in Rio that this case fell under international law and that the boy had been illegally taken away from Goldman.
Related Stories

Brazilian Court Hears Case of U.S. Boy in Custody Fight (http://"http://www.foxnews.com/story/0,2933,580373,00.html)
  • American Boy Caught in Custody Fight Wants to Stay in Brazil, Family Says (http://"http://www.foxnews.com/story/0,2933,528481,00.html)
    • Lawyer: New Jersey Man Wins Custody of Son Taken to Brazil (http://www.foxnews.com/story/0,2933,524158,00.html)
    "Child abduction is a serious crime and now for over five years David has been trying to get his son," Smith said. "We hope this is the end game and that he'll be reunited with his only father, and that's David Goldman."
    But Goldman's own attorney had warned that additional appeals could block the transfer of his son.
    "The hand-over can be halted," said Ricardo Zamariola, Goldman's attorney, referring to a possible Supreme Court appeal by the family that now has custody of the boy.
    Previous rulings favorable to Goldman have been scuttled by Brazilian courts. Zamariola said he was certain lawyers for Joao Paulo Lins e Silva, the Brazilian stepfather with whom Sean lives, would appeal Wednesday's federal court ruling to surrender the boy. Zamariola said he did not expect a final resolution until at least the first half of 2010.
    The stepfather's attorney, Sergio Tostes, has declined to comment.
    The boy's maternal grandmother says Sean wants to stay in Rio and has filed a separate petition with the Supreme Court asking that the boy's desires be considered. A similar request from the Brazilian family was denied earlier this year.
    The child, who has dual citizenship, has been shielded from speaking directly to the news media.
    Goldman and Sean were reunited in February for the first time since his son was taken to Brazil. They have not seen each other since June.
  • Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Caldwell on December 22, 2009, 08:36:16 AM
    Dleary,
    PLease put this on the MEDIA thread. People are coming here for specific updates on the decision. thanks.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ChristineS on December 22, 2009, 08:42:47 AM
    Everyone please hang tight. I still think we will hear the decision today.  Anything else is speculation or rumor at this point.  
    Until we hear from some highly-reputable sources, including our Tunevsk, let's be positive and wait some more.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Atlantic965 on December 22, 2009, 08:48:50 AM
    :nervous::nervous::nervous::nervous::nervous::nervous::nervous::nervous::nervous::nervous::nervous:
     
     
    Quote from: Christine;54807
    The Today show just reported that David's lawyers have been called to the court and the decision could be any minute now!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Wendy on December 22, 2009, 09:53:02 AM
    Quote from: ChristineS;55009
    Everyone please hang tight. I still think we will hear the decision today. Anything else is speculation or rumor at this point.
    Until we hear from some highly-reputable sources, including our Tunevsk, let's be positive and wait some more.

    Very wise and sage advice...although appreciation is given to Fox for the coverage, they unfortunately are not the most reputable source we have.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Kymra on December 22, 2009, 09:54:24 AM
    Quote from: Wendy;55072
    Very wise and sage advice...although appreciation is given to Fox for the coverage, they unfortunately are not the most reputable source we have.

    amen to that!  It makes me feel a little sick inside just having to watch them!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ferg4513 on December 22, 2009, 09:55:14 AM
    David should go on record about welcoming the grandmother on the plane. You can tell the family is getting desperate. Having the grandmother there would also help Sean's transition, but they need to do it if possible with no cameras. Today must be the day.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: elainem on December 22, 2009, 09:57:26 AM
    Am i in the right thread for following updates??? Seems like only 5 pages of comments is far less then yesterdays.. Just want to make sure i am not missing anything!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Teena on December 22, 2009, 09:58:29 AM
    Please Everyone keep unneccessary posts out of this thread. I know everyone is anxious, nail biting, eating chocolate and what not. So am I! But we need to keep posts to a minimum for those who cannot sit here and refresh the page.
     
    Please visit GROUP THERAPY/CHATTER ROOM (http://bringseanhome.org/forum/showthread.php?t=2359) to vent.
     
    Thanks!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Tunevsk on December 22, 2009, 10:00:44 AM
    Quote from: elainem;55083
    Am i in the right thread for following updates??? Seems like only 5 pages of comments is far less then yesterdays.. Just want to make sure i am not missing anything!

    Yes, you are!
     
    It's just that we have nothing to report right now.
     
    I'm hitting F5 compulsively on the STF's page that contains info on David's case file.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Teena on December 22, 2009, 10:02:07 AM
    Quote from: Tunevsk;55092
    Yes, you are!
     
    It's just that we have nothing to report right now.
     
    I'm hitting F5 compulsively on the STF's page that contains info on David's case file.
    Thanks Tunevsk. I was just about to ask you if you had any new info to report! We all look forward to your reports!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Atlantic965 on December 22, 2009, 10:15:13 AM
    :nervous:DITTO.  I am so nervous I am scanning the Internet looking for any new news
     
     
     
    Quote from: Teena;55095
    Thanks Tunevsk. I was just about to ask you if you had any new info to report! We all look forward to your reports!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Mame on December 22, 2009, 10:22:46 AM
    MSNBC just reported "the ruling could come any minute"....
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Guenevere on December 22, 2009, 10:24:08 AM
    Quote from: Mame;55139
    MSNBC just reported "the ruling could come any minute"....

     
    They said that at 7 am, as well, theyre killing me!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Mame on December 22, 2009, 10:25:30 AM
    Quote from: Guenevere;55143
    They said that at 7 am, as well, theyre killing me!

    It's not a time to be loose with the facts! ;)
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Mame on December 22, 2009, 10:26:15 AM
    What is the STF page?  Is that something we should be watching?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: carina on December 22, 2009, 10:42:03 AM
    here is the site. And it says a decision should be announced today.

    http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=118182
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: DaFish on December 22, 2009, 10:43:16 AM
    Fingers crossed for yet another day!  Welcome back everybody.  Hopefully the mood will be joyous soon, and the nail biting will stop.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: UD_student on December 22, 2009, 10:43:48 AM
    Quote from: Mame;55149
    What is the STF page?  Is that something we should be watching?

    The STF is the Brazilian Supreme Court webpage. STF is from whom we are expecting and decision from the President, Mr. Mendes, about the appeals made by the AGU (public prosecutor in Brazil) and David's Brazilian lawyer, Mr. Zamariola, in response to the Habeus Corpus filed by Sean's maternal grandmother and granted by Marco Aurelio Mello (same judge who stayed Judge Pinto's June 1 ruling (http://bringseanhome.org/EnglishTranslation_of_JudgePintos_%20Ruling_with_Introduction.pdf) (June 8 ruling (http://bringseanhome.org/Translated%20Judge%20Pinto%20Ruling%20%28June%208%29%20with%20Introduction.pdf)) based upon emergency filing of political party to STF).  The STF site is in Portuguese although their twitter (which dozens of other BSHers are following and posting already) can be translated via google into English. Personally, I am waiting for someone with knowledge of the decision, ie, Tunevsk, one of David's friends, or news reported from someone with David to find out what happened. So, please only post breaking news here and save commentary for elsewhere even about the decision outcome so those viewing at a glance can find it :) Perhaps an admin could lock this thread once a decision is reported or put it in the LATEST? Please :)
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Ginstar on December 22, 2009, 10:45:26 AM
    You can get that Page on Translation- when you go through google to look for it (look up Supremo Tribunal Justica - I think), click on "Translate this Page".
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: lisacallenwood on December 22, 2009, 10:46:00 AM
    Quote from: UD_student;55180
    Perhaps an admin could lock this thread once a decision is reported or put it in the LATEST? Please :)

    I vote for admins to lock down with the exception of letting Tunevsk post. And of course themselves.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Mame on December 22, 2009, 10:50:15 AM
    Some deal proposed by grandmother to bring Sean home?  MSNBC reporting.  But, something has been retracted.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: M.Capestro on December 22, 2009, 10:51:38 AM
    We won't be locking this thread. As the court begins to update their site, we want people with access to that site - such as Tunevsk - to be able to post updates.
     
    Sorry folks...a little self control might be required from ya'll today. :eek::D
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: M.Capestro on December 22, 2009, 10:52:57 AM
    Just to remind everyone - this thread was created for...
     
    Quote from: ChristineS;54777
    Please keep this thread specifically related to today's announcement, which we are still expected to hear 10am Brazil time, or 7am EST.
    Other threads to watch for news are the Media Coverage Tues Dec 22 and Bring Sean Home News: THE LATEST (Locked Thread)
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Atlantic965 on December 22, 2009, 10:58:26 AM
    Decisions in the injunction will be released on Tuesday (22)


    The Supreme Court (STF) will release, on Tuesday (22), decisions on two writs of mandamus (28524th MS and MS 28525) proceedings filed in court against an act that has suspended the delivery boy to the U.S. consulate. The case is under examination of the court's president, Minister Gilmar Mendes.

     
    STF Last Update

    The two writs of mandamus filed respectively by the Attorney General of the Union (AGU) and the biological father of the minor SRG, questioned the Minister's decision Marcus Aurelius in the records of 101,985 HC, allowing the child to remain with the mother's family in Rio January.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Leah on December 22, 2009, 11:07:07 AM
    Quote from: Atlantic965;55207
    Decisions in the injunction will be released on Tuesday (22)


    The Supreme Court (STF) will release, on Tuesday (22), decisions on two writs of mandamus (28524th MS and MS 28525) proceedings filed in court against an act that has suspended the delivery boy to the U.S. consulate. The case is under examination of the court's president, Minister Gilmar Mendes.

     
    STF Last Update

    The two writs of mandamus filed respectively by the Attorney General of the Union (AGU) and the biological father of the minor SRG, questioned the Minister's decision Marcus Aurelius in the records of 101,985 HC, allowing the child to remain with the mother's family in Rio January.


    What's this from and when (exact time!) was it posted?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: momof3inPA on December 22, 2009, 11:13:52 AM
    Quote from: Leah;55210
    What's this from and when (exact time!) was it posted?

    http://translate.google.co.in/translate?hl=en&sl=pt&tl=en&u=http%3A%2F%2Fwww.stf.jus.br%2Fportal%2Fcms%2FverNoticiaDetalhe.asp%3FidConteudo%3D118182
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: KimmyRN on December 22, 2009, 11:22:16 AM
    Fox news noted in an article today that a decision will be rendered wednesday????? Is this true? Are they delaying it another day?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Wendy on December 22, 2009, 11:24:43 AM
    Quote from: KimmyRN;55240
    Fox news noted in an article today that a decision will be rendered wednesday????? Is this true? Are they delaying it another day?

    I think that was discussed in another post/thread....we're waiting to hear something official from STF or Tunevsk...Fox hasn't been the most reliable resource.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: KimmyRN on December 22, 2009, 11:26:09 AM
    Oh thankyou. My stomach is doing flip flops!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Guenevere on December 22, 2009, 11:27:43 AM
    Quote from: M.Capestro;55194
    We won't be locking this thread. As the court begins to update their site, we want people with access to that site - such as Tunevsk - to be able to post updates.
     
    Sorry folks...a little self control might be required from ya'll today. :eek::D

     
    I am trying!  I actually (reluctantly) :eek: am trying to get work done so I dont flood the site with my venting!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Atlantic965 on December 22, 2009, 11:30:31 AM
    I don't know but was the most current
     
     
     
    Quote from: Leah;55210
    What's this from and when (exact time!) was it posted?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Abarbato19 on December 22, 2009, 11:36:53 AM
    Quote from: Guenevere;55250
    I am trying! I actually (reluctantly) :eek: am trying to get work done so I dont flood the site with my venting!

    we all need to vent sometimes venting is ok :D.i need to get some stuff done today but i feel like i cant leave this computer and my little ones keep saying momma u done yet lol.:rolleyes:
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: M.Capestro on December 22, 2009, 11:40:06 AM
    Quote from: Atlantic965;55207
    Decisions in the injunction will be released on Tuesday (22)
     
     
    The Supreme Court (STF) will release, on Tuesday (22), decisions on two writs of mandamus (28524th MS and MS 28525) proceedings filed in court against an act that has suspended the delivery boy to the U.S. consulate. The case is under examination of the court's president, Minister Gilmar Mendes.
     
     
    STF Last Update
     
    The two writs of mandamus filed respectively by the Attorney General of the Union (AGU) and the biological father of the minor SRG, questioned the Minister's decision Marcus Aurelius in the records of 101,985 HC, allowing the child to remain with the mother's family in Rio January.

     
    This is from the STF's news site. It's not new news, was posted last night (shortly after the Tweet came out about the ruling moving today).
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Grace on December 22, 2009, 11:53:58 AM


    Lauro Jardim (Veja) just tweeted this:
     
    "Marcio Thomaz Bastos foi ao gabinete de Gilmar Mendes no fim da manhã de hoje para uma conversa."
     
    This Marcio guy went to Gilmar Mendes' office late morning to talk.
     
    That's it, no more info. Does this have anything to do with David's case??
     
    http://pt.wikipedia.org/wiki/M%C3%A1rcio_Thomaz_Bastos (http://pt.wikipedia.org/wiki/M%C3%A1rcio_Thomaz_Bastos)
     
    He was friends with Evandro Lins e Silva, JP's great-uncle! And former Secretary of Justice during Lula's first term.
    (http://bringseanhome.org/forum/images/misc/progress.gif)
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Leilanij on December 22, 2009, 12:01:53 PM
    Jeff Rossen (NBC) just posted this:  "We're still awaiting a decision from Brazil's Supreme Court. David's lawyers cannot explain why it's taking so long. Everyone is stumped."
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: dsturnerjr on December 22, 2009, 12:02:31 PM
    Jeff Rossem sending flurry of twitter updates...
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Leilanij on December 22, 2009, 12:02:44 PM
    Jeff Rossen:  David is inside his hotel room meeting with US Embassy officials, his attornies, and Rep. Chris Smith. We wait. Wish there was more to tell 1 minute ago  (http://twitter.com/jeffrossen/status/6934547402)from web
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Wendy on December 22, 2009, 12:04:40 PM
    Quote from: Leilanij;55296
    Jeff Rossen (NBC) just posted this: "We're still awaiting a decision from Brazil's Supreme Court. David's lawyers cannot explain why it's taking so long. Everyone is stumped."

    Hopefully Mendes is writing an IRON CLAD decision to return Sean!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: POTTERD2 on December 22, 2009, 12:05:08 PM
    Fox News just posted that the decision is now going to be pushed to Wednesday.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 12:05:16 PM
    Google Translate:

    http://translate.google.com/translate?hl=en&sl=pt&tl=en&u=http%3A%2F%2Fpt.wikipedia.org%2Fwiki%2FM%25C3%25A1rcio_Thomaz_Bastos
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 12:06:14 PM
    Quote from: Grace;55284


    Lauro Jardim (Veja) just tweeted this:
     
    "Marcio Thomaz Bastos foi ao gabinete de Gilmar Mendes no fim da manhã de hoje para uma conversa."
     
    This Marcio guy went to Gilmar Mendes' office late morning to talk.
     
    That's it, no more info. Does this have anything to do with David's case??
     
    http://pt.wikipedia.org/wiki/M%C3%A1rcio_Thomaz_Bastos
     
    He was friends with Evandro Lins e Silva, JP's great-uncle! And former Secretary of Justice during Lula's first term.
    (http://bringseanhome.org/forum/images/misc/progress.gif)
    http://translate.google.com/translate?hl=en&sl=pt&tl=en&u=http%3A%2F%2Fpt.wikipedia.org%2Fwiki%2FM%25C3%25A1rcio_Thomaz_Bastos
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Dan_Plainview on December 22, 2009, 12:06:18 PM
    Quote from: Grace;55284


    Lauro Jardim (Veja) just tweeted this:
     
    "Marcio Thomaz Bastos foi ao gabinete de Gilmar Mendes no fim da manhã de hoje para uma conversa."
     
    This Marcio guy went to Gilmar Mendes' office late morning to talk.
     
    That's it, no more info. Does this have anything to do with David's case??
     
    http://pt.wikipedia.org/wiki/M%C3%A1rcio_Thomaz_Bastos
     
    He was friends with Evandro Lins e Silva, JP's great-uncle! And former Secretary of Justice during Lula's first term.
    (http://bringseanhome.org/forum/images/misc/progress.gif)

    We're just finding out about this guy now?

    Wonder if he was breaking the bad news to him ... "sorry, we can not protect you anymore".
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: pedi on December 22, 2009, 12:06:41 PM
    It is now 3.05pm in Brazil (according to the STF website). How long will they be in office today? Anybody knows?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ssmom on December 22, 2009, 12:08:02 PM
    Quote from: POTTERD2;55306
    Fox News just posted that the decision is now going to be pushed to Wednesday.


    No one else has reported this, and you'd think David and his attorneys would be aware of this if true (FOX reported this at least 90 minutes ago initially).
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: JamesJosephs on December 22, 2009, 12:15:24 PM
    Bastos was founder of the OAB-RJ, the Rio branch of the Brazilian Bar Association that has been in the tank for the Lins E Silvas from Day 1.  Certainly a close personal friend of the Lins e Silva family as indicated by Grace.
     
     
    http://translate.google.com/translate?hl=en&sl=pt&u=http://www.conjur.com.br/2006-nov-04/paulo_lins_silva_toma_posse_presidencia_uia&ei=Mf4wS4yEKo20lAeB0vCkBw&sa=X&oi=translate&ct=result&resnum=1&ved=0CAwQ7gEwAA&prev=/search%3Fq%3DMarcio%2BThomaz%2BBastos%2Bpaulo%2Blins%2Be%2Bsilva%26hl%3Den (http://translate.google.com/translate?hl=en&sl=pt&u=http://www.conjur.com.br/2006-nov-04/paulo_lins_silva_toma_posse_presidencia_uia&ei=Mf4wS4yEKo20lAeB0vCkBw&sa=X&oi=translate&ct=result&resnum=1&ved=0CAwQ7gEwAA&prev=/search%3Fq%3DMarcio%2BThomaz%2BBastos%2Bpaulo%2Blins%2Be%2Bsilva%26hl%3Den)
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 12:16:14 PM
    http://translate.google.com/translate?hl=en&sl=pt&tl=en&u=http%3A%2F%2Fpt.wikipedia.org%2Fwiki%2FM%25C3%25A1rcio_Thomaz_Bastos

    In 1990, (http://translate.googleusercontent.com/translate_c?hl=en&sl=pt&tl=en&u=http://pt.wikipedia.org/wiki/1990&rurl=translate.google.com&twu=1&usg=ALkJrhjb9LTD_f8GztPHd-gy-cyrXX3hDg) after the election of Fernando Collor, (http://translate.googleusercontent.com/translate_c?hl=en&sl=pt&tl=en&u=http://pt.wikipedia.org/wiki/Fernando_Collor&rurl=translate.google.com&twu=1&usg=ALkJrhg_yNZAZ8-wzcpwC7uQhC94b5naag) he joined the parallel government set up by the Workers Party (http://translate.googleusercontent.com/translate_c?hl=en&sl=pt&tl=en&u=http://pt.wikipedia.org/wiki/Partido_dos_Trabalhadores&rurl=translate.google.com&twu=1&usg=ALkJrhiqXQPzt2iLVWAut2z1KdB7bGVSPw) in charge of the sector of Justice and Security.  In 1992, (http://translate.googleusercontent.com/translate_c?hl=en&sl=pt&tl=en&u=http://pt.wikipedia.org/wiki/1992&rurl=translate.google.com&twu=1&usg=ALkJrhi4qHBBj0ebftoTTkGD5cx4chfmUQ) together with the lawyer Evandro Lins e Silva, (http://translate.googleusercontent.com/translate_c?hl=en&sl=pt&tl=en&u=http://pt.wikipedia.org/wiki/Evandro_Lins_e_Silva&rurl=translate.google.com&twu=1&usg=ALkJrhjBOBkXv95Pm_nC7BJq_kNRADe8eg) participated in drafting the petition that resulted in the impeachment (http://translate.googleusercontent.com/translate_c?hl=en&sl=pt&tl=en&u=http://pt.wikipedia.org/wiki/Impeachment&rurl=translate.google.com&twu=1&usg=ALkJrhiKZ-htlTj69nVidr5PalDVDv-5sw) of the president.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Grace on December 22, 2009, 12:21:58 PM
    kindcutesteve (http://twitter.com/kindcutesteve)

    does look like per CNN some decision tomorrow now, but decision could be to delay until Feb; we don't know; hope for the best
    This guy has been tweeting about a delay since yesterday.
     
    If tomorrow, this could be a way for Sean to spend Xmas with Nonna, and delivered to David after that?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: pam.in.ny on December 22, 2009, 12:24:24 PM
    Twitted 21minutes ago.
    http://twitter.com/jeffrossen

    David is inside his hotel room meeting with US Embassy officials, his attornies, and Rep. Chris Smith. We wait. Wish there was more to tell.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: jl2saint on December 22, 2009, 12:28:10 PM
    Quote from: Grace;55328
    kindcutesteve (http://twitter.com/kindcutesteve)
     
    does look like per CNN some decision tomorrow now, but decision could be to delay until Feb; we don't know; hope for the best
    This guy has been tweeting about a delay since yesterday.
     
    If tomorrow, this could be a way for Sean to spend Xmas with Nonna, and delivered to David after that?

    I think it could be they are not making the ruling public for everyones safety and sanity......hopefully it's that...........
     
    Or, it's more:bs: and Brazil still doesn't get it.......
     
    Who knows...........
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: chopchop on December 22, 2009, 12:29:27 PM
    Quote from: Grace;55328
    kindcutesteve (http://twitter.com/kindcutesteve)
     
    does look like per CNN some decision tomorrow now, but decision could be to delay until Feb; we don't know; hope for the best
    This guy has been tweeting about a delay since yesterday.
     
    If tomorrow, this could be a way for Sean to spend Xmas with Nonna, and delivered to David after that?

    I read this guys "tweets", and it appears as if the Chief Justice is going to defer to the full court in Feburary.  Although he doesn't cite any sources it does sound legit.  It doesn't look like Minister Mendes is going to be our Hero folks...hopefully I'm wrong.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Wendy on December 22, 2009, 12:29:30 PM
    Quote from: pam.in.ny;55329
    Twitted 21minutes ago.
    http://twitter.com/jeffrossen
     
    David is inside his hotel room meeting with US Embassy officials, his attornies, and Rep. Chris Smith. We wait. Wish there was more to tell.

    I really, REALLY hope they are discussing an exit strategy and how to get Sean to someplace quiet and safe in the U.S. so that they can begin the healing process.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Genenut on December 22, 2009, 12:30:04 PM
    Quote from: jl2saint;55332
    I think it could be they are not making the ruling public for everyones safety and sanity......hopefully it's that...........
     
    Or, it's more:bs: and Brazil still doesn't get it.......
     
    Who knows...........

    :yeahthat: if they are handing over Sean the prohibition on media exposure would apply so the hand over (reason to meet with embassy officials at David's hotel room) might be done before the decision was made public so that Sean would be at the airport before the news broke and everyone converged on them (or attempted to) ...
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Lexi on December 22, 2009, 12:30:31 PM
    About this Bastos guy, I don't like it and anyway, don't these guys care about optics considering there've been mutterings about corruption and bum rulings for a while now? Guess not.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ProudDaddy on December 22, 2009, 12:31:49 PM
    Quote from: Grace;55328
    kindcutesteve (http://twitter.com/kindcutesteve)

    does look like per CNN some decision tomorrow now, but decision could be to delay until Feb; we don't know; hope for the best
    This guy has been tweeting about a delay since yesterday.
     
    If tomorrow, this could be a way for Sean to spend Xmas with Nonna, and delivered to David after that?
    That's my bet - they  are dragging on, buying time until Christmas (with or without David) and then  Sean goes to NJ by 26th.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ssmom on December 22, 2009, 12:32:30 PM
    Quote from: chopchop;55333
    I read this guys "tweets", and it appears as if the Chief Justice is going to defer to the full court in Feburary.  Although he doesn't cite any sources it does sound legit.  It doesn't look like Minister Mendes is going to be our Hero folks...hopefully I'm wrong.


    Doesn't sound good for a happy reunion for Christmas.  :burn:
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Eccaka on December 22, 2009, 12:35:30 PM
    Quote from: ssmom;55341
    Doesn't sound good for a happy reunion for Christmas.  :burn:


    I'm not putting too much stock in this guy...he hasn't tweeted anything new about the case in 19 hours and things have gone back and forth a million times since then.

    I have to (literally) tear myself away for a couple hours. Fingers crossed that there will be good news when I return
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Grace on December 22, 2009, 12:36:23 PM
    Nope. I did not think they would let him go before Xmas anyway. Our question is now the 26th or February? And then in February, what will be the other excuse to delay?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Lexi on December 22, 2009, 12:37:36 PM
    LukieD said worst case, this could be deferred to Feb which is true - I think that may be what this cutesteve guy is tweeting. My two cents.
     
    (Apologies. I totally forgot I was in the "legal news update" thread only).
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Leilanij on December 22, 2009, 12:37:39 PM
    Jeff Rossen:  That information IS correct. His lawyer was summoned to Supreme Court...and remains there waiting for a decision. half a minute ago  (http://twitter.com/jeffrossen/status/6935583357)from web   (http://twitter.com/KerryResnick/status/6934641337)
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Tunevsk on December 22, 2009, 12:40:19 PM
    Nothing new so far.
     
    I know that there are people expecting updates from me, but I'll soon have to leave the office, as today is the law firm's party celebrating the end of the year.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: heatheram29 on December 22, 2009, 12:40:55 PM
    Quote from: Grace;55328
    kindcutesteve (http://twitter.com/kindcutesteve)
     
    does look like per CNN some decision tomorrow now, but decision could be to delay until Feb; we don't know; hope for the best
    This guy has been tweeting about a delay since yesterday.
     
    If tomorrow, this could be a way for Sean to spend Xmas with Nonna, and delivered to David after that?

     
    Does anyone even know who is this guy is?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: hmjarc on December 22, 2009, 12:44:34 PM
    Without inside info mind you, it seems unrealistic that they would summon the lawyer (and have him wait) only to make them wait until February.  Or am I just too hopeful?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Mame on December 22, 2009, 12:44:39 PM
    Quote from: Leilanij;55357
    Jeff Rossen:  That information IS correct. His lawyer was summoned to Supreme Court...and remains there waiting for a decision. half a minute ago  (http://twitter.com/jeffrossen/status/6935583357)from web

    Sounds like something is about to be released.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: lisacallenwood on December 22, 2009, 12:45:31 PM
    Quote from: Tunevsk;55360
    Nothing new so far.
     
    I know that there are people expecting updates from me, but I'll soon have to leave the office, as today is the law firm's party celebrating the end of the year.

     
    Your help here has been terrific and I hope you're able to have a great celebration knowing how much you're appreciated!! We'll manage ;)
    ENJOY!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ssmom on December 22, 2009, 12:46:10 PM
    Quote from: Leilanij;55357
    Jeff Rossen:  That information IS correct. His lawyer was summoned to Supreme Court...and remains there waiting for a decision. half a minute ago  (http://twitter.com/jeffrossen/status/6935583357)from web


    So we should have a decision today?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Kerry on December 22, 2009, 12:46:41 PM
    I received this Tweet from Jeff Rossen.
     


    jeffrossen (http://twitter.com/jeffrossen)
                                 
             @KerryResnick (http://twitter.com/KerryResnick) That information IS correct. His lawyer was summoned to Supreme Court...and remains there waiting for a decision.                         2 minutes ago        (http://twitter.com/jeffrossen/status/6935583357)       from web              in reply to KerryResnick (http://twitter.com/KerryResnick/status/6934641337)


    Kerry
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Teena on December 22, 2009, 12:47:06 PM
    Quote from: Mame;55364
    Sounds like something is about to be released.
    He was just answering a question from someone.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 12:47:32 PM
    Do they mean Zamariola was summoned to the STF in Brasília? Isn't he with David in Rio??
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Teena on December 22, 2009, 12:48:20 PM
    teenamarie321 (http://twitter.com/teenamarie321)
       
    @jeffrossen (http://twitter.com/jeffrossen) there are rumors that this will be postponed until Feb.Is there any truth behind this?Thanks! Teena, bringseanhome.org Moderator 3 minutes ago  (http://twitter.com/teenamarie321/status/6935826401)from web in reply to jeffrossen (http://twitter.com/jeffrossen/status/6935583357)
     
     
     
    David's lawyers say Fox News report that decision has been delayed again is untrue. Though, in this case...ya never know. less than 10 seconds ago  (http://twitter.com/jeffrossen/status/6935892553)from web
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: JamesJosephs on December 22, 2009, 12:48:22 PM
    More from Rossen:
     
    David's lawyers say Fox News report that decision has been delayed again is untrue. Though, in this case...ya never know.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Leilanij on December 22, 2009, 12:48:31 PM
    Jeff Rossen:  David's lawyers say Fox News report that decision has been delayed again is untrue. Though, in this case...ya never know. less than 20 seconds ago  (http://twitter.com/jeffrossen/status/6935892553)from web
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: jl2saint on December 22, 2009, 12:49:20 PM
  • David's lawyers say Fox News report that decision has been delayed again is untrue. Though, in this case...ya never know. less than 20 seconds ago  (http://twitter.com/jeffrossen/status/6935892553)from web
  • @KerryResnick (http://"http://twitter.com/KerryResnick) That information IS correct. His lawyer was summoned to Supreme Court...and remains there waiting for a decision. 11 minutes ago  (http://twitter.com/jeffrossen/status/6935583357)from web in reply to KerryResnick (http://twitter.com/KerryResnick/status/6934641337)
  • Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Kerry on December 22, 2009, 12:49:47 PM
    I questioned this with Jeff Rossen as he had said that David was in his room with his Attornies............
    I had assumed ALL his Attornies were with David - apparently not.

    The answer I got was the above
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 12:50:51 PM
    Could anyone clarify who is the lawyer for David that was summoned to the STF???
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: dsturnerjr on December 22, 2009, 12:51:11 PM
    I really don't think that anyone knows anything unless they are there.  I'm only believing Jeff Rossen and the STF tweets right now.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Mame on December 22, 2009, 12:52:16 PM
    Quote from: Teena;55369
    He was just answering a question from someone.

    You don't summon attorneys to court unless there is a reason.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Atlantic965 on December 22, 2009, 12:52:19 PM
    Evandro Lins e Silva was a man of much esteem in Brazil defending landless peasants, and during Brazil's 1964-1985 Military regime he defended dissidents arrested by authorities.  Don't blame him that his grand nephew turned out to be a mental case. He died in 2002. There is a statue errected in his memory in Brasilia.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Tunevsk on December 22, 2009, 12:54:32 PM
    Quote from: hmjarc;55363
    Without inside info mind you, it seems unrealistic that they would summon the lawyer (and have him wait) only to make them wait until February. Or am I just too hopeful?

    The information that the lawyers were summoned was unreliable from the start, because in Brazil lawyers aren't summoned when a decision is coming. The decision is simply issued by the Court, and later published in the official gazette.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Mame on December 22, 2009, 12:55:32 PM
    Quote from: Tunevsk;55384
    The information that the lawyers were summoned was unreliable from the start, because in Brazil lawyers aren't summoned when a decision is coming. The decision is simply issued by the Court, and later published in the official gazette.

    Thank you.  So that means we can rule Rosen out as a solid source?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Leilanij on December 22, 2009, 12:56:27 PM
    Jeff Rossen has been in the room with David... I think his information is pretty reliable....
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Genenut on December 22, 2009, 12:56:35 PM
    Quote from: Mame;55386
    Thank you.  So that means we can rule Rosen out as a solid source?

    I wouldnt he seems to be in contact with David or someone in his group ...
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Grace on December 22, 2009, 12:58:06 PM
    Why isn't there ONE damn Brazilian reporter tweeting it now?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: chutt123 on December 22, 2009, 12:59:38 PM
    Quote from: Leilanij;55393
    Jeff Rossen has been in the room with David... I think his information is pretty reliable....


    I think that we shouldn't rule out Rossen at all. He has been with David. There may be an issue that they are dealing with and that is why they were summoned. Such as they might seal the decision and put a gag on it until David/Sean are out of the country. You never know why a court wants to do something.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Karistx on December 22, 2009, 01:02:39 PM
    Haven't the attorneys been at the court house all day waiting?
     
    It's not like they "just" got called to go over.
     
    Constant prayers!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: kimmy on December 22, 2009, 01:04:27 PM
    I think that everyone is working the details out - how/when Sean is handed over, etc.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Teena on December 22, 2009, 01:04:43 PM
    Rossen is with David. I would say he is pretty reliable.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Teena on December 22, 2009, 01:05:16 PM
    Quote from: dsturnerjr;55380
    I really don't think that anyone knows anything unless they are there. I'm only believing Jeff Rossen and the STF tweets right now.
    :yeahthat:
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 01:06:48 PM
    FOX News confirms decision to be given today !!

    Chris Smith calling in....
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ICR&I on December 22, 2009, 01:08:30 PM
    Just shot a message over to a reporter with possible contacts within the court
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ALISON on December 22, 2009, 01:08:59 PM
    The below message was just posted on the main page of STF. It doesn't reference the Goldman Case, but could this mean anything to it?
    Minister communicates to the TRT-3 on wrong interpretation of its decision The minister Cezar Peluso, of Supremo Federal Court (STF), sent urgent communication to the Regional Court of the Work of 3ª Region (TRT-3) by means of which clarifies that he had interpretation maken a mistake of its decision on the exercise of the presidency of that court.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 01:09:07 PM
    Chris Smith on Fox: Lins and Silva family bogus chicanery. They know another filing took place yesterday. They are pleading with the Chief Justice. The image of Brazil is on the line.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: DrMalvado on December 22, 2009, 01:11:03 PM
    Nope Alisson, that was refering to other case.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: DB4 on December 22, 2009, 01:11:38 PM
    I wish we could do something.  I feel helpless.  Call the White House or State Dpt to put on some pressure?  We're probably past that point, right?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: André Felipe on December 22, 2009, 01:12:25 PM
    Quote from: ALISON;55428
    The below message was just posted on the main page of STF. It doesn't reference the Goldman Case, but could this mean anything to it?
    Minister communicates to the TRT-3 on wrong interpretation of its decision The minister Cezar Peluso, of Supremo Federal Court (STF), sent urgent communication to the Regional Court of the Work of 3ª Region (TRT-3) by means of which clarifies that he had interpretation maken a mistake of its decision on the exercise of the presidency of that court.

    It has nothing to do with David's case.
    I believe a decision is coming within 2 hours.
    at 18:00  Gilmar Mendes will have an important meeting:
     
    http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=118183
     
    right now, it's 16:15 in Brasília's time.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 01:13:25 PM
    Quote from: DB4;55439
    I wish we could do something.  I feel helpless.  Call the White House or State Dpt to put on some pressure?  We're probably past that point, right?
    Let's keep our venting to the other thread...
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ProudDaddy on December 22, 2009, 01:14:11 PM
    Quote from: ALISON;55428
    The below message was just posted on the main page of STF. It doesn't reference the Goldman Case, but could this mean anything to it?
    Minister communicates to the TRT-3 on wrong interpretation of its decision The minister Cezar Peluso, of Supremo Federal Court (STF), sent urgent communication to the Regional Court of the Work of 3ª Region (TRT-3) by means of which clarifies that he had interpretation maken a mistake of its decision on the exercise of the presidency of that court.
    Nothing to do.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ICR&I on December 22, 2009, 01:19:34 PM
    Does anyone have the case number or number of the STF case log?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Mame on December 22, 2009, 01:22:34 PM
    Quote from: US_Internat_Investgation s;55462
    Does anyone have the case number or number of the STF case log?

    Jeff Rosen is reporting on MSNBC he spoke with the Brazil family attorney who said David and his attorneys have made a huge mistake making this political.  The lawyer said they are filing further injunctions and this is far from over!

    They are waiting for the ruling.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Sandra on December 22, 2009, 01:23:27 PM
    Quote from: US_Internat_Investgation s;55462
    Does anyone have the case number or number of the STF case log?



    28525
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Atlantic965 on December 22, 2009, 01:23:47 PM
    What did you expect them to say?  Golly David and Sean are reunited. Ain't that swell  .)
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: lovellboys on December 22, 2009, 01:24:00 PM
    Quote from: Mame;55469
    Jeff Rosen is reporting on MSNBC he spoke with the Brazil family attorney who said David and his attorneys have made a huge mistake making this political. The lawyer said they are filing further injunctions and this is far from over!
     
    They are waiting for the ruling.

    It is political because it's up to the executive branch to enforce the Hague.....PERIOD!!!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: kimmy on December 22, 2009, 01:24:25 PM
    Quote from: Mame;55469
    Jeff Rosen is reporting on MSNBC he spoke with the Brazil family attorney who said David and his attorneys have made a huge mistake making this political. The lawyer said they are filing further injunctions and this is far from over!
     
    They are waiting for the ruling.

    sounds like scare tactics!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: André Felipe on December 22, 2009, 01:26:03 PM
    Quote from: Mame;55469
    Jeff Rosen is reporting on MSNBC he spoke with the Brazil family attorney who said David and his attorneys have made a huge mistake making this political. The lawyer said they are filing further injunctions and this is far from over!
     
    They are waiting for the ruling.

    That lawyer does not know what he is talking.
     
    the case logs are:
    http://www.stf.jus.br/portal/processo/verProcessoAndamento.asp?incidente=3816038
     
    http://www.stf.jus.br/portal/processo/verProcessoAndamento.asp?numero=28525&classe=MS&origem=AP&recurso=0&tipoJulgamento=M
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 01:26:57 PM
    Agenda do presidente do STF, ministro Gilmar Mendes, para esta terça-feira (tuesday) (22)
                     
    18h (3PM EST)- Recebe (welcomes) o desembargador do Tribunal de Justiça do Distrito Federal e Territórios (TJDFT), Joazil Gardés. Local (place): Gabinete da Presidência
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Palmieri on December 22, 2009, 01:27:06 PM
    Just to remind people: the Lins e Silva and Bianchi families threatened to kill David at the beginning of all this (re: Dateline) if he didn't stop pursuing custody etc. These are organized crime families dressed up in political clothes.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: sandy on December 22, 2009, 01:27:07 PM
    After a sleepless night waiting on news i think i deserve some icecream cake!!!!!! so bad for ya" but its going down!!!!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: JamesJosephs on December 22, 2009, 01:27:54 PM
    Quote from: DB4;55439
    I wish we could do something. I feel helpless. Call the White House or State Dpt to put on some pressure? We're probably past that point, right?

    Definitely not. Keep calling.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Wendy on December 22, 2009, 01:31:05 PM
    Quote from: Palmieri;55484
    Just to remind people: the Lins e Silva and Bianchi families threatened to kill David at the beginning of all this (re: Dateline) if he didn't stop pursuing custody etc. These are organized crime families dressed up in political clothes.

    THAT is NOT even funny!! And has no place here.  Aside from the fact that this would be professional suicide for them, the entire WORLD is watching and David's safety had better damn well be guaranteed!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ENR on December 22, 2009, 01:31:54 PM
    Quote from: Palmieri;55484
    Just to remind people: the Lins e Silva and Bianchi families threatened to kill David at the beginning of all this (re: Dateline) if he didn't stop pursuing custody etc. These are organized crime families dressed up in political clothes.


    I will never forget hearing that in the Dateline piece.  All I could think about was poor David and to think at that point he had minimal if any support outside his friends and family.  It has always stayed in the back of my mind.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: mikeberry on December 22, 2009, 01:33:11 PM
    Sounds like they are having another temper tantrum.  They just cannot seem to understand that they are kidnappers.  They have no rights.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ICR&I on December 22, 2009, 01:34:14 PM
    Wow! Just what I thought... A lot of material and actions today... I think that you should read it from the STF web site
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Caldwell on December 22, 2009, 01:35:21 PM
    Quote from: Wendy;55491
    THAT is NOT even funny!! And has no place here.  Aside from the fact that this would be professional suicide for them, the entire WORLD is watching and David's safety had better damn well be guaranteed!!!

    On that note, I was encouraged to see that David had police escort and protection from the moment he arrived, if news reports were accurate.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Abarbato19 on December 22, 2009, 01:36:01 PM
    you know if they would of gave up a long time ago maybe david might of thought about letting them have phone calls with sean once in a while! but since this has all happend once sean is home i wouldnt let them talk to him for A long time!:burn:
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: RayStar on December 22, 2009, 01:36:14 PM
    I hope this ends today with David and Sean back on American soil real soon.
    That lawyer and the maternal g/mother are past rotten.  Step-dad is SUPER rotten.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Caldwell on December 22, 2009, 01:37:04 PM
    Quote from: mikeberry;55496
    Sounds like they are having another temper tantrum.  They just cannot seem to understand that they are kidnappers.  They have no rights.

    Ditto that. It is just so hard to grasp their skewed sense of reality and justice. And their determination to maintain and try to defend that warped world view is maddening.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: POTTERD2 on December 22, 2009, 01:41:02 PM
    I would just like to point out, that while I agree with everyone that Sean needs to be back with his father.  But a lot of people are calling the grandmother and people in Brazil snakes, evil, organized crime, etc.  I obviously don't know them personally but I don't doubt that they love Sean very much and they are doing what they can with their resourses for what they believe is protecting him.  I don't agree with their tactics, and I think the party to blame is the Brazilian Justice System for allowing all of this to go on.  
     
    The US family of Elian Gonzales was ready to use violence and lies to keep Elian here with them simply because they didn't feel he should go back to Cuba with his father.
     
    I am not trying to stir everyone up, and I fully believe that short of abuse or molestation, NOTHING should ever overrule a parents bond with their child.  What Sean's mother did was incredibly wrong.  But mostly where I think the Brazilian family went wrong is that they were thinking mostly about themselves and not the well being of Sean.  But I do still think they are just trying to do what they feel is protecting Sean.  Even though they are wrong and causing more problems in doing so.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Atlantic965 on December 22, 2009, 01:43:15 PM
    Gangster politicans have long been the rule in Latin America.  I think with so many people watching this case they will not dare try.
     
     
     
     
    Quote from: Palmieri;55484
    Just to remind people: the Lins e Silva and Bianchi families threatened to kill David at the beginning of all this (re: Dateline) if he didn't stop pursuing custody etc. These are organized crime families dressed up in political clothes.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Genenut on December 22, 2009, 01:43:24 PM
    Quote from: POTTERD2;55509
    I would just like to point out, that while I agree with everyone that Sean needs to be back with his father.  But a lot of people are calling the grandmother and people in Brazil snakes, evil, organized crime, etc.  I obviously don't know them personally but I don't doubt that they love Sean very much and they are doing what they can with their resourses for what they believe is protecting him.  I don't agree with their tactics, and I think the party to blame is the Brazilian Justice System for allowing all of this to go on.  
     
    The US family of Elian Gonzales was ready to use violence and lies to keep Elian here with them simply because they didn't feel he should go back to Cuba with his father.
     
    I am not trying to stir everyone up, and I fully believe that short of abuse or molestation, NOTHING should ever overrule a parents bond with their child.  What Sean's mother did was incredibly wrong.  But mostly where I think the Brazilian family went wrong is that they were thinking mostly about themselves and not the well being of Sean.  But I do still think they are just trying to do what they feel is protecting Sean.  Even though they are wrong and causing more problems in doing so.


    I would respectfully suggest that you read the case history including the fact that the brazilian judge himself stated in his ruling that this family was mentally abusing sean (parental alienation). No one who loves a child would commit this form of abuse.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: chutt123 on December 22, 2009, 01:44:12 PM
    Quote from: POTTERD2;55509
    I would just like to point out, that while I agree with everyone that Sean needs to be back with his father.  But a lot of people are calling the grandmother and people in Brazil snakes, evil, organized crime, etc.  I obviously don't know them personally but I don't doubt that they love Sean very much and they are doing what they can with their resourses for what they believe is protecting him.  I don't agree with their tactics, and I think the party to blame is the Brazilian Justice System for allowing all of this to go on.  
     
    The US family of Elian Gonzales was ready to use violence and lies to keep Elian here with them simply because they didn't feel he should go back to Cuba with his father.
     
    I am not trying to stir everyone up, and I fully believe that short of abuse or molestation, NOTHING should ever overrule a parents bond with their child.  What Sean's mother did was incredibly wrong.  But mostly where I think the Brazilian family went wrong is that they were thinking mostly about themselves and not the well being of Sean.  But I do still think they are just trying to do what they feel is protecting Sean.  Even though they are wrong and causing more problems in doing so.


    I have to agree with some points. We have to remember that although they are keeping David and Sean apart, they are his family too. I think its disgusting what they are doing but they think in their twisted minds that they are doing what they need to in order to keep their family together. I think they are doing more harm than good and I think if the roles were reversed and David received Sean back years ago, they would be able to have time with them. But now I cant blame David if he says no.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Teena on December 22, 2009, 01:46:23 PM
    Quote from: POTTERD2;55509
    I would just like to point out, that while I agree with everyone that Sean needs to be back with his father. But a lot of people are calling the grandmother and people in Brazil snakes, evil, organized crime, etc. I obviously don't know them personally but I don't doubt that they love Sean very much and they are doing what they can with their resourses for what they believe is protecting him. I don't agree with their tactics, and I think the party to blame is the Brazilian Justice System for allowing all of this to go on.
     
    The US family of Elian Gonzales was ready to use violence and lies to keep Elian here with them simply because they didn't feel he should go back to Cuba with his father.
     
    I am not trying to stir everyone up, and I fully believe that short of abuse or molestation, NOTHING should ever overrule a parents bond with their child. What Sean's mother did was incredibly wrong. But mostly where I think the Brazilian family went wrong is that they were thinking mostly about themselves and not the well being of Sean. But I do still think they are just trying to do what they feel is protecting Sean. Even though they are wrong and causing more problems in doing so.
    Thinkinjg about themselves IS wrong and incredibly damaging to Sean. I suggest you read Judge Pinto's ruling about all the forms of CHILD ABUSE that Sean has been subjected too. If they wanted what was best for Sean they would want him to have a relationship with his father. Yes, the judicial system is very much to blame also, but they would have nothing to rule on if the Brazilian family would just give it up!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ICR&I on December 22, 2009, 01:47:21 PM
    Quote from: André Felipe;55480
    That lawyer does not know what he is talking.
     
    the case logs are:
    http://www.stf.jus.br/portal/processo/verProcessoAndamento.asp?incidente=3816038
     
    http://www.stf.jus.br/portal/processo/verProcessoAndamento.asp?numero=28525&classe=MS&origem=AP&recurso=0&tipoJulgamento=M


    I've been in those case logs for sometime now. The family is doing everything they can to stop David from bringing Sean home.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: POTTERD2 on December 22, 2009, 01:48:16 PM
    Thank you Chutt124.  I am not saying that I condone what they are doing, but I also do not believe that they are doing this out of menace or some sort of revenge or evil agenda.  They are just trying to keep what they believe to be their family together.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Atlantic965 on December 22, 2009, 01:49:48 PM
    I cannot help but think there has to be another reason they have gone through such lengths to keep Sean. JLPS Is a wealthy young man who I am sure has a new gal pal by now. Sean must know something they do not want the rest of the world to know and my intuition tells me it must have something to do with JLPS missing first spouse.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Teena on December 22, 2009, 01:50:59 PM
    Quote from: Atlantic965;55520
    I cannot help but think there has to be another reason they have gone through such lengths to keep Sean. JLPS Is a wealthy young man who I am sure has a new gal pal by now. Sean must know something they do not want the rest of the world to know and my intuition tells me it must have something to do with JLPS missing first spouse.
    Lets keep the speculation to a minimum here. Although I hate JPLS as much as you do...this is going into a whole different ballpark.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: JonathanR on December 22, 2009, 01:52:00 PM
    Quote from: Palmieri;55484
    Just to remind people: the Lins e Silva and Bianchi families threatened to kill David at the beginning of all this (re: Dateline) if he didn't stop pursuing custody etc. These are organized crime families dressed up in political clothes.

    EXACTLY!! Like Toastee is gonna make negotiations on HIS and not the US' terms!!! I do think David should be afraid for his safety.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: AnotherDad on December 22, 2009, 01:52:37 PM
    If it was agreed this would be updates only w/o commentary of any kind, lets all please try very hard to adhere to that and switch to the other thread for these comments and discussions. Speaking for myself, it does mean reading through lots of non-update posts, thinking I might miss an update post, because we aren't sticking to the plan. I didn't make the rule, I'm just trying to use the threads based on what was decided by others. Thanks so much.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: NormalMom on December 22, 2009, 01:53:52 PM
    Quote from: Abarbato19;55502
    you know if they would of gave up a long time ago maybe david might of thought about letting them have phone calls with sean once in a while! but since this has all happend once sean is home i wouldnt let them talk to him for A long time!:burn:
    Actually, David Goldman was quoted on NBC as saying he would never do to them (the Lins e Silvas) what they'd done to him (prevent contact with Sean).
     
    The issue of Sean's well-being is at stake and should be a central argument in many of the courts' decisions: to completely dissolve his relationship with his grandparents would not necessarily be in his best interest.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 01:53:56 PM
    Let's keep speculation and opinions to its relevant thread in deference to the visitors that are looking for the latest developments.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: shaine on December 22, 2009, 01:55:25 PM
    Quote from: Atlantic965;55520
    JLPS missing first spouse.

     
    What?! He was married before Bruna? And his wife is missing?
    I must not have heard that tidbit.
     
    Please correct me if I misunderstood that statement. No need to go into it, but I just want to make sure I understand it correctly.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Roberta Palermo on December 22, 2009, 01:57:01 PM
    So they have to go to USA. Sean can't come to Brazil, imagine them starting again with Habeas C. appeal this and that! Aff! Roberta Palermo


    Quote from: NormalMom;55527
    Actually, David Goldman was quoted on NBC as saying he would never do to them (the Lins e Silvas) what they'd done to him (prevent contact with Sean).
     
    The issue of Sean's well-being is at stake and should be a central argument in many of the courts' decisions: to completely dissolve his relationship with his grandparents would not necessarily be in his best interest.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 01:58:12 PM
    Let's keep topics unrelated to the forthcoming STF decision to its relevant thread in deference to the visitors that are looking for the latest developments.There are over 750 people online at this time.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Atlantic965 on December 22, 2009, 01:58:43 PM
    He was married before Bruna. I meant missing, because throughout this whole public ordeal she has not been heard from.  I think Teena is right we need to forget I said anything.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 02:00:42 PM
    Chief Justice Gilmar Mendes has 60 minutes before an unrelated, previously scheduled, appointment with a fellow judge, of Brasília, to take place at Mendes' office.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: NormalMom on December 22, 2009, 02:00:54 PM
    Sorry for that irrelevant post---I deleted it as it was not a legal update :-)
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: shaine on December 22, 2009, 02:01:43 PM
    Quote from: Atlantic965;55543
    He was married before Bruna. I meant missing, because throughout this whole public ordeal she has not been heard from. I think Teena is right we need to forget I said anything.

     
    Thank you. That's all I wanted to know. No need to go into it further.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Guenevere on December 22, 2009, 02:04:49 PM
    Quote from: BrazilianForJustice;55547
    Chief Justice Gilmar Mendes has 60 minutes before an unrelated, previously scheduled, appointment with a fellow judge, of Brasília, to take place at Mendes' office.

     
    Does this mean he could make the statement within that amount of time, so he can move on with business...
     
    I just read an article that said the "Whole World is Waiting"....made me feel good..not just the US, not just Brazil....WE"RE ALL WAITING
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 02:05:41 PM
    Fox News talking about the situation again. Replayed David over the phone, about being hopeful and grateful to not only the support of the US government, but to the Brazilian government as well.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: heatheram29 on December 22, 2009, 02:08:46 PM
    Quote from: Atlantic965;55382
    Evandro Lins e Silva was a man of much esteem in Brazil defending landless peasants, and during Brazil's 1964-1985 Military regime he defended dissidents arrested by authorities. Don't blame him that his grand nephew turned out to be a mental case. He died in 2002. There is a statue errected in his memory in Brasilia.

     
    Apparently Lula thought so too. He attended the funeral. There's a picture somewhere on BSH showing him accompanying the casket. Useless information, except it really shows how far up the ladder this family is connected. At one point he was Lula's running mate.
     
    I had to run out for a bit. Has there been any update yet at all?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Gary on December 22, 2009, 02:13:54 PM
    It's "funny" how the Brazilian justice system makes as a matter of public record the physical location and delivery of files and, apparently, the Judge's non-court calendar (i.e., meeting with another judge), but yet when it comes to actually making a ruling is completely incapable of rendering a decision based on the application of the facts to the law.  Of course, there are exceptions such as Judge Pinto's ruling and the subsequent appellate ruling, but it seems as if the fact they make a "big deal" out of when a file is being physically delivered somehow makes up for the fact their decisions and opinions have nothing to do with the law....
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Mame on December 22, 2009, 02:20:26 PM
    Jeff Rosen will have a new report from MSNBC coming up after commercial.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Wendy on December 22, 2009, 02:21:56 PM
    Quote from: Mame;55587
    Jeff Rosen will have a new report from MSNBC coming up after commercial.

    do you have a weblink for this?!?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Karistx on December 22, 2009, 02:22:07 PM
    Thank you Mame...we are plugged in at work. Please post what MSNBC says soon.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 02:22:09 PM
    A story about a letter written by Silvana to Lula was posted in the discussions thread. Comments and other discussions are welcomed there.

    Let's make it easier for visitors (over 750 online) and post the links to the sources that we mention.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: five4me on December 22, 2009, 02:25:45 PM
    Jeff Rossen saying they are still waiting.  Say Chief Justice still hasn't come back with a decision.  David still in hotel w/ Smith, embassy officials and lawyers.  Says David's lawyers don't understand the delay, don't know what to make of it.  Also says he spoke with Tostes and they will appeal if ruling is in David's favor.  Also says the family will not be making a deal with David about Silvana flying, etc because they feel they are in the "right".
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: suzie on December 22, 2009, 02:28:22 PM
    http://www.stf.jus.br/portal/processo/verProcessoPeticao.asp?incidente=3816038
     
    Does anybody know What that means? I think Silvana did some request yesterday.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Atlantic965 on December 22, 2009, 02:28:56 PM
    The whole clan are European style leftists. Palo Lins E Silva when he is not lecturing on the evils of child abduction has taken up the cause of the so called CUBAN 5.  Five Cuban spies nabbed in Miami in 1998. There plight has become a cause de celeb among the leftists of the world.
     
    http://www.freethefive.org/legalFront/AtlantaReceptionList08192007.htm
     
     
    The Evardo does deserve much respect for his struggles for social justice.
     
     
     
     
     
    Quote from: heatheram29;55572
    Apparently Lula thought so too. He attended the funeral. There's a picture somewhere on BSH showing him accompanying the casket. Useless information, except it really shows how far up the ladder this family is connected. At one point he was Lula's running mate.
     
    I had to run out for a bit. Has there been any update yet at all?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: momof3inPA on December 22, 2009, 02:30:29 PM
    Quote from: five4me;55597
    Jeff Rossen saying they are still waiting. Say Chief Justice still hasn't come back with a decision. David still in hotel w/ Smith, embassy officials and lawyers. Says David's lawyers don't understand the delay, don't know what to make of it. Also says he spoke with Tostes and they will appeal if ruling is in David's favor. Also says the family will not be making a deal with David about Silvana flying, etc because they feel they are in the "right".

    In the right????  There are no words to describe how delusional these people are....
     
    (Move me too please, I don't know how to reply in another thread!)
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Mame on December 22, 2009, 02:31:37 PM
    Quote from: Wendy;55589
    do you have a weblink for this?!?

    Sorry Wendy, I am watching on TV.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ICR&I on December 22, 2009, 02:32:08 PM
    I'm getting the feeling that the family will be filing or has already filed another petition. Brazilian, do you think that Min. Peluso may be sending this to a Full SFT Hearing of all the SFT Justices?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Pepe on December 22, 2009, 02:32:30 PM
    Silvana just wrote a desperate public letter to presidet Lula. I've posted it on the main forum (google translation)
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Kymra on December 22, 2009, 02:34:34 PM
    Quote from: US_Internat_Investgation s;55613
    I'm getting the feeling that the family will be filing or has already filed another petition. Brazilian, do you think that Min. Peluso may be sending this to a Full SFT Hearing of all the SFT Justices?

    As someone who is not well versed in the legal system, how many appeals can they make for goodness sakes??  
     
    I mean, when does a decision actually mean something?!?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 02:37:43 PM
    Quote from: suzie;55603
    http://www.stf.jus.br/portal/processo/verProcessoPeticao.asp?incidente=3816038
     
    Does anybody know What that means? I think Silvana did some request yesterday.
    The grandma's lawyers requested to take the files for examination. That could delay the proceedings for 5 days, according to a previous post. It does not seem that the judge has approved that request.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Dan_Plainview on December 22, 2009, 02:39:40 PM
    Quote from: five4me;55597
    Jeff Rossen saying they are still waiting.  Say Chief Justice still hasn't come back with a decision.  David still in hotel w/ Smith, embassy officials and lawyers.  Says David's lawyers don't understand the delay, don't know what to make of it.  Also says he spoke with Tostes and they will appeal if ruling is in David's favor.  Also says the family will not be making a deal with David about Silvana flying, etc because they feel they are in the "right".

    Appeal to whom? God the Father?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ICR&I on December 22, 2009, 02:42:51 PM
    That could hang it up for more than 5 days. This is the last day before a 6 week break from what I have heard.  

    Quote from: BrazilianForJustice;55624
    The grandma's lawyers requested to take the files for examination. That could delay the proceedings for 5 days, according to a previous post. It does not seem that the judge has approved that request.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 02:43:57 PM
    Quote from: US_Internat_Investgation s;55613
    I'm getting the feeling that the family will be filing or has already filed another petition. Brazilian, do you think that Min. Peluso may be sending this to a Full SFT Hearing of all the SFT Justices?
    Fellow member Tunevsk provided us with an invaluable summary yesterday:
    http://bringseanhome.org/forum/showpost.php?p=53851&postcount=516

    Justice here has four tiers.

    The first two tiers ruled in David's favour.

    The second tier gave a ruling ordering Sean's return in two days.

    That wouldn't leave time for an appeal to the third tier.

    So Cruella went directly to the fouth tier and obtained a stay from a single justice. The full Court then went in recess. The presidency of the Court is on duty to answer urgent petitions.

    David and the AGU then filed an action against that justice that granted the stay, and they requested an urgent antecipatory injunction.

    If the petition by David and AGU is granted, it will void the stay that had been granted against the second tier order. The order from the second tier will come back to life.

    But, unless an order from the presidency of the Supreme Court (fourth tier) expressly directs delivery of the boy, the revival of an order from the second tier will not stop Tostes from attempting to obtain a stay on different grounds from the third tier. Especially if Mendes only voids the current stay on the grounds that habeas corpus was not appropriate remedy. Then other remedies could be attempted.

    But it is unlikely that the third tier would grant a stay after the President of the Supreme Court having overturned a fellow Supreme Court justice. Anyway, any stay granted by the third tier would only invite further action addressed to the fourth tier, and then the president could void that too, leaving no other remedy.

    Of course, Mendes could end all doubts by using clear language commanding Sean's return.       
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ssutton on December 22, 2009, 02:44:40 PM
    They will not make a deal with David because they feel they are right. Shows just how much they care for the well being of Sean. How Sad...
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: heatheram29 on December 22, 2009, 02:48:53 PM
    new Tweets. do they mean anything?????
     



    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: mugsiejcu on December 22, 2009, 02:49:23 PM
    Quote from: heatheram29;55659
    new Tweets. do they mean anything?????
     
     
     

    • Em http://www.stf.jus.br (http://www.stf.jus.br/): min Celso de Mello nega pedido de transferência de Fernandinho Beira-Mar para penitenciária do Rio de Janeiro less than a minute ago  (http://twitter.com/STF_oficial/status/6939363105)from web
    • Acesse o link http://www.stf.jus.br/portal/constituicao/ (http://www.stf.jus.br/portal/constituicao/) para pesquisar a versão eletrônica atualizada semanalmente 6 minutes ago  (http://twitter.com/STF_oficial/status/6939223698)from web
    • Já à venda em http://redir.stf.jus.br/livrariasupremo (http://redir.stf.jus.br/livrariasupremo) "A Constituição e o Supremo 2ª edição", a CF/88 com anotações da jurisprudência do STF 6 minutes ago  (http://twitter.com/STF_oficial/status/6939205768)from web

     
    Unfortunately, no.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Gary on December 22, 2009, 02:49:34 PM
    Yet another example of how they try to make their judicial system look legitimate:  "take the files for examination."  What the heck is that?  As if they do not have a copy of every document that is filed in the case?  Civilized judicial systems require all documents filed with the court be served on all the parties in the case.  Please, there are three parties here:  the abductors, the AGU, and David.  There is nothing in the file they do not have....
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: heatheram29 on December 22, 2009, 02:50:54 PM
    Quote from: mugsiejcu;55660
    Unfortunately, no.

     
    Damn.. I think I just had a slight coronary.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Teena on December 22, 2009, 02:52:48 PM
    ATTENTION BSH SUPPORTERS!
     
    I have been getting several complaints that there is a lot of chatting going on in this thread. I understand your frustration that there has not been a ruling yet and I know we are all anxious. Please keep in mind that many people are still at work and can only peek in time to time. It is tought to read through pages upon pages in a short time. Please go to the CHATTER/ GROUP THERAPY thread for discussions. LEAVE THIS THREAD FOR UPDATES ONLY!
     
    THANKS!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 02:53:17 PM
    Quote from: heatheram29;55659
    new Tweets. do they mean anything?????

    • Em http://www.stf.jus.br (http://www.stf.jus.br/): min Celso de Mello nega pedido de transferência de Fernandinho Beira-Mar para penitenciária do Rio de Janeiro less than a minute ago  (http://twitter.com/STF_oficial/status/6939363105)from web
    • Acesse o link http://www.stf.jus.br/portal/constituicao/ (http://www.stf.jus.br/portal/constituicao/) para pesquisar a versão eletrônica atualizada semanalmente 6 minutes ago  (http://twitter.com/STF_oficial/status/6939223698)from web
    • Já à venda em http://redir.stf.jus.br/livrariasupremo (http://redir.stf.jus.br/livrariasupremo) "A Constituição e o Supremo 2ª edição", a CF/88 com anotações da jurisprudência do STF 6 minutes ago  (http://twitter.com/STF_oficial/status/6939205768)from web
    [/LIST]
    1. is about a big drug trafficker, 2. is about their Contitution, 3. is them advertising a book...

    The Chief Justice has that previous scheduled appointment now.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: liesl78 on December 22, 2009, 02:56:28 PM
    Fox news online is saying tomorrow? I´m confused, the fox news on TV said today

    http://www.foxnews.com/story/0,2933,580792,00.html
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: Herb Wife on December 22, 2009, 02:56:55 PM
    Quote from: Teena;55669
    ATTENTION BSH SUPPORTERS!
     
    I have been getting several complaints that there is a lot of chatting going on in this thread. I understand your frustration that there has not been a ruling yet and I know we are all anxious. Please keep in mind that many people are still at work and can only peek in time to time. It is tought to read through pages upon pages in a short time. Please go to the CHATTER/ GROUP THERAPY thread for discussions. LEAVE THIS THREAD FOR UPDATES ONLY!
     
    THANKS!
    :clapping:
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ICR&I on December 22, 2009, 02:59:01 PM
    Ok... So I did read correctly the documents in the system... I am familiar with there system, however, my concern is for another attempted to stay the execution of the order to return Sean. Which, clearly is still a possibility. And from the way things are going there, the family would use every legal tactic available to postpone the inevitable.

    Quote from: BrazilianForJustice;55643
    Fellow member Tunevsk provided us with an invaluable summary yesterday:
    http://bringseanhome.org/forum/showpost.php?p=53851&postcount=516

    Justice here has four tiers.

    The first two tiers ruled in David's favour.

    The second tier gave a ruling ordering Sean's return in two days.

    That wouldn't leave time for an appeal to the third tier.

    So Cruella went directly to the fouth tier and obtained a stay from a single justice. The full Court then went in recess. The presidency of the Court is on duty to answer urgent petitions.

    David and the AGU then filed an action against that justice that granted the stay, and they requested an urgent antecipatory injunction.

    If the petition by David and AGU is granted, it will void the stay that had been granted against the second tier order. The order from the second tier will come back to life.

    But, unless an order from the presidency of the Supreme Court (fourth tier) expressly directs delivery of the boy, the revival of an order from the second tier will not stop Tostes from attempting to obtain a stay on different grounds from the third tier. Especially if Mendes only voids the current stay on the grounds that habeas corpus was not appropriate remedy. Then other remedies could be attempted.

    But it is unlikely that the third tier would grant a stay after the President of the Supreme Court having overturned a fellow Supreme Court justice. Anyway, any stay granted by the third tier would only invite further action addressed to the fourth tier, and then the president could void that too, leaving no other remedy.

    Of course, Mendes could end all doubts by using clear language commanding Sean's return.       
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: BrazilianForJustice on December 22, 2009, 03:05:03 PM
    A very good discussion took place yesterday of the legal issues before the Chief Justice of STF, Minister Gilmar Mendes. It might of interest to those in this thread.

    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: AnotherDad on December 22, 2009, 03:05:22 PM
    Quote from: US_Internat_Investgation s;55684
    Ok... So I did read correctly the documents in the system... I am familiar with there system, however, my concern is for another attempted to stay the execution of the order to return Sean. Which, clearly is still a possibility. And from the way things are going there, the family would use every legal tactic available to postpone the inevitable.

    Please. Your post is not an update, but directly preceeding your post were two strong, bold requests to cooperate with the decision to use this for updates only, yet you persist. C'mon.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: AnotherDad on December 22, 2009, 03:06:38 PM
    Quote from: Teena;55669
    ATTENTION BSH SUPPORTERS!
     
    I have been getting several complaints that there is a lot of chatting going on in this thread. I understand your frustration that there has not been a ruling yet and I know we are all anxious. Please keep in mind that many people are still at work and can only peek in time to time. It is tought to read through pages upon pages in a short time. Please go to the CHATTER/ GROUP THERAPY thread for discussions. LEAVE THIS THREAD FOR UPDATES ONLY!
     
    THANKS!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ferg4513 on December 22, 2009, 03:11:46 PM
    When does the court close for the day?
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: André Felipe on December 22, 2009, 03:12:23 PM
    Quote from: Gary;55662
    Yet another example of how they try to make their judicial system look legitimate: "take the files for examination." What the heck is that? As if they do not have a copy of every document that is filed in the case? Civilized judicial systems require all documents filed with the court be served on all the parties in the case. Please, there are three parties here: the abductors, the AGU, and David. There is nothing in the file they do not have....

    I don't think this is the appropriate approach to handle this issue.
     
    Of course they already know the content of the proceeding, what they want is to participate in the proceeding, by filling petitions with arguments in order do try to convince Gilmar Mendes.
    And of course Gilmar Mendes can grant or deny their request after his preliminary decision.
     
    Watch out to whom you are adressing your criticism. Don't make generalisations.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianForJustice on December 22, 2009, 03:16:07 PM
    Value judgments belong to another thread. Thank you André for pointing out that those requests for examining the files might not be just a delaying tactic, but part of the arguments.

    It does look like that the Chief Justice did not act upon that request, or it was denied.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: nina on December 22, 2009, 03:16:36 PM
    NO NEWS about the decision, but at least some news on todays event: Silvana's letter.

    War injunctions
    If Sean: Chief Justice shall make a new decision on the future of the boy on Tuesday

    Posted on 22/12/2009 at 17h04m
    The Globe

    Poster designed by Sean and released by the lawyer for the Brazilian. Photo: Berg silva 17/12/2009

    BRASILIA - President of the Supreme Court (STF), ministro Gilmar Mendes, must decide on Tuesday on the injunction filed in court by the Attorney General of the Union (AGU) and the father of Sean, the U.S. David Goldman, calling for the repeal of an order that had guaranteed the permanence of children 9 years with her maternal grandmother, Silvana Bianchi. On Tuesday, Silvana released an open letter to President Lula in requesting an audience with the president and argues that in the absence of the mother, the establishment falls grandmother.
    (Read the full letter from Sean's grandmother)

    In the interim decision on Thursday, the minister Marco Aurélio de Mello assured the boy stay in Iraq until the final trial of habeas corpus in which Silvana calls for taking the testimony of Sean so he decides to leave this country with his biological father or stay in Brazil with the Brazilian family.

    David Goldman, father of Sean, shows letter to his son that was returned by mail. Photo: Reuters 18/12/2009

    The injunction granted by the Minister of Supreme Court suspended a decision of the Tribunal Regional Federal da 2 ª Região (TRF-2), which on Wednesday (16), had granted within 48 hours for Sean returned to the United States to live together David Goldman. The biological father came to Rio to find his son in the early afternoon of Thursday.

    (Watch the outburst of the father of Sean. Video in English)

    The family's lawyer Brazilian Sergio Tostes, said that pending the decision of the chief justice. For him, the United States is interfering in internal affairs in Brazil.

    - The great international pressure developed from the U.S. congressman Chris Smith and spokesman for the American Embassy, Mrs. Orna Blum represent undue interference in the internal affairs of Brazil, and as such deserve the strongest condemnation.

    He also denied that he had recommended to the grandmother of Sean who traveled to the U.S. with Sean. And he asserted that the family will continue to fight for the boy's stay in Brazil.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: dsturnerjr on December 22, 2009, 03:26:52 PM
    STF_oficial (http://twitter.com/STF_oficial)                              
             Rádio Justiça reprisa, a partir de amanhã (23), as principais sessões de julgamentos realizadas pelo STF em 2009                         1 minute ago        (http://twitter.com/STF_oficial/status/6940214310)       from web

    Anyone?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: jjsaunt on December 22, 2009, 03:29:13 PM
    Quote from: dsturnerjr;55733
    STF_oficial (http://twitter.com/STF_oficial)
    Rádio Justiça reprisa, a partir de amanhã (23), as principais sessões de julgamentos realizadas pelo STF em 2009 1 minute ago  (http://twitter.com/STF_oficial/status/6940214310)from web
     
    Anyone?

    Radio Justice reprises, from tomorrow (23), the main sessions of trials conducted by the STF in 2009
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianForJustice on December 22, 2009, 03:29:48 PM
    Quote from: dsturnerjr;55733
    STF_oficial (http://twitter.com/STF_oficial)                              
             Rádio Justiça reprisa, a partir de amanhã (23), as principais sessões de julgamentos realizadas pelo STF em 2009                         1 minute ago        (http://twitter.com/STF_oficial/status/6940214310)       from web

    Anyone?
    Radio Justice replays, starting tomorrow (23), the main trial sessions at the STF in 2009...

    It might very well include the previous proceedings of this case at STF...
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: five4me on December 22, 2009, 03:29:53 PM
    Radio Justice reprises, from tomorrow (23), the main sessions of trials conducted by the Supreme Court in 2009
     
    From translated Twitter page.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Herb Wife on December 22, 2009, 03:29:57 PM
    STF_oficial
    Radio Justice reprises, from tomorrow (23), the main sessions of trials conducted by the Supreme Court in 2009 1 minute ago from web


    decisions only here
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Teena on December 22, 2009, 03:31:17 PM
    What does this mean?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: heatheram29 on December 22, 2009, 03:32:05 PM
    Does it mean anything? Even translated I don't quite follow.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: dsturnerjr on December 22, 2009, 03:34:10 PM
    Quote from: Herb Wife;55748
    STF_oficial
    Radio Justice reprises, from tomorrow (23), the main sessions of trials conducted by the Supreme Court in 2009 1 minute ago from web

     
    decisions only here

    Yes I would think that STF tweets would qualify for this thread for those of us not fluent in Portuguese
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianForJustice on December 22, 2009, 03:40:29 PM
    Quote from: heatheram29;55754
    Does it mean anything? Even translated I don't quite follow.
    No tweets pertaining this case from the STF so far today, still waiting.

    Last on was the one yesterday promising a decision today. They should updated it any moment, one way or another.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: jasonhenderson on December 22, 2009, 03:42:06 PM
    Quote from: heatheram29;55754
    Does it mean anything? Even translated I don't quite follow.

    Looks like you can ignore it; this is more court housekeeping. They're publishing all kinds of things about the ending year.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: elainem on December 22, 2009, 04:43:34 PM
    ??????????
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ICR&I on December 22, 2009, 05:27:36 PM
    21/12/2009 Conclusos presidential   Article 13, VIII, RISTF.  
     
     
    21/12/2009 Certificate   Section and Receive Protocol Petitions: "Given the terms of Resolution No. 287/04 Supreme Court, certify the identity of content between an authenticated petition under the paragraph above and the application sent electronically to 18/12/2009, on the petition of writ of mandamus by DAVID GEORGE GOLDMAN, and assessed under paragraph MS 28,525.  
     
     
    21/12/2009 Conclusos presidential   Article 13, VIII, RISTF.  
     
     
    21/12/2009 Joined   Petition No. ..    
     
     
    21/12/2009 Joined   Petition No. ..    
     
     
    21/12/2009 Joined   Petition No. ..    
     
     
    21/12/2009 Joined   Information Office of the Minister Cezar Peluso.  
     
     
    21/12/2009 Petition   143768/2009 - 21/12/2009 - DAVID GEORGE GOLDMAN - ORIGINAL PRESENTS THE CLAIM.  
     
     
    21/12/2009 Petition   143767/2009 - 21/12/2009 - DAVID GEORGE GOLDMAN - REQUIRES BOARD OF JUDGMENT.  
     
     
    21/12/2009 Petition   143754/2009 - 21/12/2009 - SILVANA BIANCHI CARNEIRO RIBEIRO - REQUIRES VISTA OF AUTOS.  
     
     
    18/12/2009 Conclusos to (the) (wo)      
     
     
    18/12/2009 Connection to Case No.   MS28524  
     
     
    18/12/2009 Distributed   MIN. CEZAR PELUSO  
     
     
    18/12/2009 Booked
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: liesl78 on December 22, 2009, 05:29:43 PM
    article 13 means the president of STF makes a decision during recess
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: liesl78 on December 22, 2009, 05:30:31 PM

    .Art. 13 - São atribuições do Presidente:
    VIII - decidir, nos períodos de recesso ou de férias, pedido de medida cautelar;
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Karistx on December 22, 2009, 05:49:38 PM
    really...still nothing?????????????????
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: carina on December 22, 2009, 05:54:56 PM
    just came back... Did we not hear any decision today? IS that true?:nixweiss:
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: jbtennessee on December 22, 2009, 06:03:17 PM
    If Goldman: supported in decisions of the STF, Gilmar Mendes min cassa injunction and determines the delivery of minor father half a minute ago (http://translate.googleusercontent.com/translate_c?hl=en&sl=pt&u=http://twitter.com/STF_oficial/status/6944812897&prev=/search%3Fq%3Dhttp://twitter.com/STF_oficial%26hl%3Den%26rls%3Dcom.microsoft:*:IE-SearchBox%26rlz%3D1I7CPMA_en&rurl=translate.google.com&usg=ALkJrhgJGzffOpXWzmNt0xoutdBWzm8D-A) from web
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: JerseyGirl on December 22, 2009, 06:03:26 PM
    If Goldman: supported in decisions of the STF, Gilmar Mendes min cassa injunction and determines the delivery of minor parent 1 minute ago (http://translate.googleusercontent.com/translate_c?hl=en&sl=pt&tl=en&u=http://twitter.com/STF_oficial/status/6944812897&prev=/search%3Fq%3Dtwitter.com/STF_oficial%26hl%3Den%26sa%3DG&rurl=translate.google.com&usg=ALkJrhjxphNvCc4oHv1_Z2DIwcXOfjEQ0A) from web
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Feltian on December 22, 2009, 06:04:56 PM
    DAVID WON!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Dan_Plainview on December 22, 2009, 06:05:38 PM
    Quote from: jbtennessee;56030
    If Goldman: supported in decisions of the STF, Gilmar Mendes min cassa injunction and determines the delivery of minor father half a minute ago (http://translate.googleusercontent.com/translate_c?hl=en&sl=pt&u=http://twitter.com/STF_oficial/status/6944812897&prev=/search%3Fq%3Dhttp://twitter.com/STF_oficial%26hl%3Den%26rls%3Dcom.microsoft:*:IE-SearchBox%26rlz%3D1I7CPMA_en&rurl=translate.google.com&usg=ALkJrhgJGzffOpXWzmNt0xoutdBWzm8D-A) from web

    que?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: chopchop on December 22, 2009, 06:06:05 PM
    Quote from: Feltian;56038
    DAVID WON!

     
    Confirmation plz...holding my breath...please O' Lord let it be true...
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: kmoor88 on December 22, 2009, 06:06:57 PM
    IS THIS FOR REAL?????
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 06:08:32 PM
    Yes, STF web site confirmed. David won
     
    http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=118210
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianForJustice on December 22, 2009, 06:08:51 PM
    WOW! WOW! WOW!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: smibr05 on December 22, 2009, 06:08:51 PM
    GIVE US THE SPECIFICS!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianFriend on December 22, 2009, 06:09:29 PM
    Yes!!!  More details (in Portuguese) will be forthcoming from the STF's page:

    http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=118210

    Quote from: kmoor88;56052
    IS THIS FOR REAL?????
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: mrbeansmom on December 22, 2009, 06:09:37 PM
    But what does this mean??!!! David has won before, but it never amounted to anything. Will he be getting Sean TODAY??!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: kmoor88 on December 22, 2009, 06:09:53 PM
    I LOVE YOU GUYS!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Herb Wife on December 22, 2009, 06:10:27 PM
    post specifics only please...chat other forum!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: janelr on December 22, 2009, 06:10:52 PM
    I WANT THOSE WHEELS UP!!!!!!!!!!!!!!!!!!!!!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 06:10:59 PM
    OMG ANDRE!!" PLEASE POST DETAILS!!! WHAT DOES THIS MEAN!?  He's won before! Are the wheel's up?!?!?!  Can it be appealed?!?!?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: AveryHadleigh on December 22, 2009, 06:11:20 PM
    Now I'm hoping to read that Sean is ordered to be handed over immediately! Goodness I wish I read Portuguese!
    Jenny
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Feltian on December 22, 2009, 06:11:30 PM
    Goldman case: Gilmar Mendes supports his decision with TRF and stops the injunction, determines the boy to be returned to his father.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 06:11:30 PM
    Quote from: mrbeansmom;56073
    But what does this mean??!!! David has won before, but it never amounted to anything. Will he be getting Sean TODAY??!!

    Yes. We still need be cautious on celebrating, but I believe that after all this confusion created by Silvana and Minister Marco Aurelio, there won't be another stay order. I hope.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianForJustice on December 22, 2009, 06:12:11 PM
    Goldman case: with support of decisions of the STF, Min. Gilmar Mendes quashes injunction and determines the delivery of the minor to the father - STF
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Kerry on December 22, 2009, 06:12:45 PM
    Just got home...............and am about to check the thread.

    So far (on this page) I am seeing wow wow wow .....

    Shall I open the Champers???????
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Herb Wife on December 22, 2009, 06:13:55 PM
    Fox update...must be returned
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: liesl78 on December 22, 2009, 06:14:02 PM
    YES!!!!!!!!!!!!!!!!!!!!!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: carlaleader on December 22, 2009, 06:14:11 PM
    If Goldman: supported in the Supreme Court decisions, Minister Gilmar Mendes overturns injunction and determines the delivery of minor parent

    (http://www.stf.jus.br/arquivo/cms/bancoImagemSco/bancoImagemSco_AP_109453.jpg)
    O presidente do Supremo Tribunal Federal (STF), ministro Gilmar Mendes, amparado em decisões do STF, cassa liminar concedida pelo ministro Marco Aurélio e determinou a entrega do menor SRG aos cuidados de seu pai David Goldman, que deve retornar aos Estados Unidos.
    The President of the Supreme Court (STF), ministro Gilmar Mendes, supported in the Supreme Court decision, overturns injunction granted by the Minister Marco Aurelio and ordered the delivery of the SRG under the care of his father David Goldman, who must return to the United States.
    As decisões foram tomadas nos dois Mandados de Segurança (MS 28524 e MS 28525) ajuizados na Corte contra Os dois Mandados de Segurança impetrados, respectivamente, pela Advocacia Geral da União (AGU) e pelo pai biológico do menor SRG, questiona decisão do ministro Marco Aurélio nos autos do HC 101985, que permitiu a permanência da criança com a família materna, no Rio de Janeiro.
    The decisions were taken on two writs of mandamus (28524th MS and MS 28525) in court proceedings filed against the two writs of mandamus filed respectively by the Attorney General of the Union (AGU) and the biological father of the minor SRG, questioned the Minister's decision Marco Aurelius on file in the HC 101,985, which allowed the child to remain with the maternal family in Rio de Janeiro.

    Os dois Mandados de Segurança ajuizados, respectivamente, pela Advocacia Geral da União (AGU) e pelo pai biológico do menor SRG, contra ato que suspendeu a entrega do menino ao consulado americano.
    The two writs of mandamus lawsuits brought respectively by the Attorney General of the Union (AGU) and the biological father of the minor SRG, against an act that has suspended the delivery boy to the U.S. consulate.
    Em instantes, mais detalhes.
    Within moments, details.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ssmom on December 22, 2009, 06:15:18 PM
    Brazil custody case; David Goldman wins custody of his son.  The Brazilian Supreme Court decided Tuesday that the custody of David Goldman’s 9-year-old son belongs to David Goldman.
      David Goldman was told by a lower court in Brazil that he could pick up his 9-year-old son and bring him back to the United States to New Jersey. David Goldman traveled to Brazil last Thursday, but when he arrived was told that a Federal Court overruled the lower court’s decision.
      Sean Goldman, the nine-year-old boy went to Rio in 2004 with his mother who illegally took him. The mother, Bruna Bianchi died last year during childbirth. The mother’s family has filed a stay in Rio stating that it won’t be healthy for Sean to be uprooted from his life in Rio, Brazil.
      A decision was expected Monday night, but the decision wasn’t released until Tuesday evening.
    The Brazilian family who has David Goldman’s son attempted to make a last minute deal with Goldman Tuesday, and stated that he could have him if the boy’s maternal grandmother could return with them to New Jersey.
      The Brazilian Supreme Court stated that the family now has 48 hours to turn Sean Goldman over to his paternal father.  The first video below speaks about the win in court, and the second video shows David Goldman's struggle to get custody of his nine-year-old son, Sean.
      Each state has its own set of child abduction laws according to the State of Utah website. But when one parent removes a child from the United States, state laws no longer apply. It becomes an international case.

    http://www.examiner.com/x-19632-Salt-Lake-City-Headlines-Examiner~y2009m12d22-Video-Brazil-custody-case-David-Goldman-wins-custody-of-his-son (http://www.examiner.com/x-19632-Salt-Lake-City-Headlines-Examiner%7Ey2009m12d22-Video-Brazil-custody-case-David-Goldman-wins-custody-of-his-son)
     (http://www.examiner.com/examiner/x-19632-Salt-Lake-City-Headlines-Examiner%7Ey2009m12d17-Video-David-Goldman-travels-to-Brazil-to-bring-son-back-to-US-court-denies-him-again)
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Rio Gringa on December 22, 2009, 06:15:55 PM
    Here's the link to the STF article just posted above: http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=118210
     
    It doesn't say anything about logistics about getting Sean to the consulate and on a plane, just that he ruled in favor of Sean going home.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: dana on December 22, 2009, 06:16:42 PM
    YES, YES, YES!!!
    FINALLY!!!:cheer::cheer::cheer:
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: pam.in.ny on December 22, 2009, 06:16:56 PM
    Congressman Smith on CNN, ruling has been made and it is in favor
    of David. It's on CNN right now!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: malalves on December 22, 2009, 06:17:45 PM
    It is over! I think there is no time for any other appeal.
    Just in time for the night flights to the USA!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Kerry on December 22, 2009, 06:18:06 PM
    NBC News just announced the good news!!!!!!!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: DaFish on December 22, 2009, 06:18:16 PM
    So now, when are they leaving?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: heather on December 22, 2009, 06:18:23 PM
    Quote from: malalves;56134
    It is over! I think there is no time for any other appeal.
    Just in time for the night flights to the USA!
    I pray you are right :cheer:
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 06:18:29 PM
    SUPPORTED BY THE SUPREME COURT'S CASE LAW, MINISTER MENDES OVERTURNS MARCO AURÉLIO'S INJUNCTION AND ORDERS BOY'S DELIVERY TO HIS FATHER!!!!!!!!!!!!!!!!!!!!!!!!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 06:19:14 PM
    Quote from: Wendy;56086
    OMG ANDRE!!" PLEASE POST DETAILS!!! WHAT DOES THIS MEAN!? He's won before! Are the wheel's up?!?!?! Can it be appealed?!?!?

    We should be cautious. I will try to give a simple explanation, later Tunevsk can explain with more details, as he is fluent in english and more experienced than me.
     
    Considering every time a part loose it fills an appeal, the "normal" path of the proceeding is:
     
    First instance > Second instance (TRF) > STJ/STF (both or just one of them)
     
    The name of the appeal against TRF decision is: Special Appeal (to STJ), and Extraordinary Appeal (to STF -Supreme Court).
     
    But, they (JPLS and Silvana) thought that TRF President or the STJ's Minister wouldn't be so quick to suspend TRF's panel decision. So, they filled a Habeas Corpus at the Supreme Court, that went to Marco Aurelio's hands because he judged that ADPF before.
     
    Now, these "extraordinary" measures taken by Silvana ended, but they still can fill a Special Appeal (to STJ), and it's still posible the STJ's Rapouter Minister to stay TRF's decision. But I don't think it will happen because all the confusion created by that Habeas Corpus.
     
    So I think JPLS/Silvana missed the point when they decided to fill a Habeas Corpus, they could drag more this case if they would have followed the "normal" path.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: TeleSkier on December 22, 2009, 06:19:31 PM
    Quote from: pam.in.ny;56128
    Congressman Smith on CNN, ruling has been made and it is in favor
    of David. It's on CNN right now!

    Here's the the link for CNN online live:
    http://freetubetv.net/index.php?view=1Y25ucGx1cw
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: sandy on December 22, 2009, 06:19:35 PM
    OMG!!!!!! omg!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Kerry on December 22, 2009, 06:19:51 PM
    I am weeping with joy.

    Congratulations to David.

    Thank you to your legal team and to
    Chris Smith for your invaluable help.


    Welcome Home Sean
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Colie on December 22, 2009, 06:20:58 PM
    FABULOUS!!!!! Now when does this start to happen?  Congratulations, David and Sean!!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: mrbeansmom on December 22, 2009, 06:21:18 PM
    I'm hearing that they have 48 hours to turn him over. What a Christmas present!!!!!:cheer:
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ssmom on December 22, 2009, 06:21:28 PM
    Although this is good news, I agree we all should be reserved about celebrating until Sean and David are actually reunited and the wheels are up.  We know more appeals will certainly be filed, and they'll use every delay and stall tactic they can to prevent this.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Rio Gringa on December 22, 2009, 06:21:44 PM
    Quote from: André Felipe;56145
    We should be cautious. I will try to give a simple explanation, later Tunevsk can explain with more details, as he is fluent in english and more experienced than me.
     
    Considering every time a part loose it fills an appeal, the "normal" path of the proceeding is:
     
    First instance > Second instance (TRF) > STJ/STF (both or just one of them)
     
    The name of the appeal against TRF decision is: Special Appeal (to STJ), and Extraordinary Appeal (to STF -Supreme Court).
     
    But, they (JPLS and Silvana) thought that TRF President or the STJ's Minister wouldn't be so quick to suspend TRF's panel decision. So, they filled a Habeas Corpus at the Supreme Court, that went to Marco Aurelio's hands because he judged that ADPF before.
     
    Now, these "extraordinary" measures taken by Silvana ended, but they still can fill a Special Appeal (to STJ), and it's still posible the STJ's Rapouter Minister to stay TRF's decision. But I don't think it will happen because all the confusion created by that Habeas Corpus.
     
    So I think JPLS/Silvana missed the point when they decided to fill a Habeas Corpus, they could drag more this case if they would have followed the "normal" path.
    Andre:
    Na sua opiniao, eh provavel que o caso ira para a STJ?
    In your opinion, is it possible the case will have to go to the STJ?
     
    Say not very :)
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: nbianch on December 22, 2009, 06:21:50 PM
    What wonderful news !! I have been praying for this day!I pray they are on the plan tonite.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: mrbeansmom on December 22, 2009, 06:22:19 PM
    Quote from: ssmom;56154
    Although this is good news, I agree we all should be reserved about celebrating until Sean and David are actually reunited and the wheels are up.  We know more appeals will certainly be filed, and they'll use every delay and stall tactic they can to prevent this.

    I'm really hoping that these people see the writing on the wall and don't bother with anymore........
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ssmom on December 22, 2009, 06:23:03 PM
    Quote from: mrbeansmom;56162
    I'm really hoping that these people see the writing on the wall and don't bother with anymore........


    Their attorney pretty much guaranteed they would continue to fight today.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianFriend on December 22, 2009, 06:24:16 PM
    http://www.conjur.com.br/2009-dez-22/gilmar-mendes-cassa-liminar-autoriza-viagem-sean-eua-pai

    Supreme Court overturns injunction and Sean travels with his father to U.S.

    David Goldman - bringseanhome.org

    The President of the Supreme Court, Minister Gilmar Mendes, supported in the Supreme Court decisions, stripped injunction granted by the Minister Marco Aurelio and ordered the surrender of the minor Sean Goldman to his father David Goldman, who must return to the United States.

    The decisions were taken on two writs of mandamus in the Court proceedings filed respectively by the Attorney General's Office and the biological father of Sean. The question of mandamus decision of the Minister Marco Aurelio in the records of HC 101,985, which allowed the child to remain with the maternal family, in Rio de Janeiro.

    On Thursday 17 December, the Minister Marcus Aurelius, the Supreme Court, overturned the decision of the Federal Court of the 2nd Region and determined that the boy remain in Brazil. The TRF-2 decided that the boy, aged 9, should return to the United States in a period of 48 hours. Before the deadline, the boy's grandmother filed a habeas corpus claims by the child's right to rule the courts and that the boy should stay in Brazil until the detailed analysis of the HC. The grandmother claimed that the child is registered as Brazil, should have known his will before moving to the United States.

    On 1 June, the Federal Court had already determined that Sean was returned to the biological father who lives in the United States, David Goldman. However, days later, the Federal Court in Rio de Janeiro reserved the decision on a preliminary basis, until the case was definitively rejected by the Federal Court. On December 16, the Court ruled that the boy should return to the United States.

    Sean was born in the United States, son of David Goldman American and Brazilian Bruna Bianchi. 5 years the boy came to Brazil with her mother and never returned to the U.S.. In Brazil, Bruna Bianchi broke away from David and married lawyer John Paulo Lins e Silva. In 2008, after the death of Bruna, the stepfather was the temporary custody of the child. David Goldman, however, went to court and asked to return them to the United States. Since then, father and stepfather are locked in a custody battle for the boy. The case began in state court in Rio and then went to federal jurisdiction. Goldman argues that Brazil violates an international convention to deny their right to custody. Since the Brazilian family of the boy says, by "social-reasons", he should remain in the country.


    STF cassa liminar e Sean viaja com o pai para EUA

    (http://s.conjur.com.br/img/b/david-goldman1.jpeg)
     O presidente do Supremo Tribunal Federal, ministro Gilmar Mendes, amparado em decisões do STF, cassou liminar concedida pelo ministro Marco Aurélio e determinou a entrega do menor Sean Goldman ao pai David Goldman, que deve retornar aos Estados Unidos.
     As decisões foram tomadas em dois Mandados de Segurança ajuizados na Corte respectivamente, pela Advocacia Geral da União e pelo pai biológico de Sean. Os mandados de segurança questionam decisão do ministro Marco Aurélio nos autos do HC 101.985, que permitiu a permanência da criança com a família materna, no Rio de Janeiro.
     Na quinta-feira de 17 de dezembro, o ministro Marco Aurélio, do Supremo Tribunal Federal, revogou a decisão do Tribunal Regional Federal da 2ª Região e determinou que o garoto permanecesse no Brasil. O TRF-2 decidiu que o menino, de 9 anos, deveria retornar aos Estados Unidos em um prazo de 48 horas. Antes do prazo, a avó do garoto entrou com um Habeas Corpus pedindo pelo direito da criança de se pronunciar à Justiça e que o garoto deve permanecer no Brasil até a análise do mérito do HC. A avó sustentava que a criança, registrada como brasileira, deve ter sua vontade conhecida antes de se mudar para os Estados Unidos.
     No dia 1º de junho, a Justiça Federal já havia determinado que Sean fosse devolvido ao pai biológico que mora nos Estados Unidos, David Goldman. No entanto, dias depois, o Tribunal Regional Federal no Rio de Janeiro suspendeu a decisão em caráter liminar, até que o caso fosse julgado de maneira definitiva pela Justiça Federal. Em 16 de dezembro, a Justiça decidiu que o garoto deveria retornar aos Estados Unidos.
     Sean nasceu nos Estados Unidos, filho do americano David Goldman e da brasileira Bruna Bianchi. Há 5 anos o garoto veio para o Brasil com a mãe e não mais retornou aos EUA. Já no Brasil, Bruna Bianchi se separou de David e se casou com o advogado João Paulo Lins e Silva. Em 2008, após a morte de Bruna, o padrasto ficou com a guarda provisória da criança. David Goldman, no entanto, entrou na Justiça e pede o retorno da criança aos Estados Unidos. Desde então, pai e padrasto travam uma batalha judicial pela guarda do menino. O caso começou na Justiça estadual do Rio e depois passou para a competência federal. Goldman alega que o Brasil viola uma convenção internacional ao negar seu direito à guarda do filho. Já a família brasileira do garoto diz que, por “razões socioafetivas”, ele deve permanecer no país.
     MS 28.524
    MS 28.525
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 06:24:32 PM
    Quote from: Rio Gringa;56157
    Andre:
    Na sua opiniao, eh provavel que o caso ira para a STJ?
    In your opinion, is it possible the case will have to go to the STJ?
     
    Say not very :)

     
    It will go to STJ, for sure. The question is: would STJ Minister issue another stay order? I don't think so.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ramshackle71 on December 22, 2009, 06:26:09 PM
    "The ruling by chief justice Gilmar Mendes is preliminary and needs approval by the full court, but it is immediately binding and could therefore allow Goldman to take his son back to the United States."
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ssmom on December 22, 2009, 06:26:11 PM
    Congressman Chris Smith is on CNN now and says they are cautiously optimistic, still trying to find out "when".
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 06:26:30 PM
    Data   Andamento   Órgão Julgador   Observação   Documento
    22/12/2009    Deferido    PRESIDÊNCIA    o pedido liminar para sustar os efeitos da decisão liminar proferida pelo Ministro relator do HC n. 101.985/RJ, do Supremo Tribunal Federal, restaurando-se os efeitos da decisão proferida pelo Tribunal Regional Federal da 2ª Região na Apelação Cível n.º 2008.51.01.018422-0.       
     
    21/12/2009    Conclusos à Presidência        Art. 13, VIII, do RISTF.       
     
    21/12/2009    Juntada        Pet. nº 143752/2009.       
     
    21/12/2009    Juntada        de Certidão do Gabinete do Ministro Cezar Peluso       
     
    21/12/2009    Petição        143752/2009 - 21/12/2009 - SILVANA BIANCHI CARNEIRO RIBEIRO - REQUER VISTA DOS AUTOS.       
     
    18/12/2009    Conclusos ao(à) Relator(a)               
     
    18/12/2009    Distribuído        MIN. CEZAR PELUSO       
     
    18/12/2009    Autuado               
     

    *******************************

    The presidency (examining the AGU's writ of mandamus) "granted the request for an antecipatory injunction to vacate the effects of the injunction that had been granted by the Minister rapporteur of the HC 101.985/RJ, of the Supreme Federal Court's, restoring the effects of the judgement rendered by the Federal Regional Court for the Second Region in the Civil Appeal n.º 2008.51.01.018422-0".
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 06:27:22 PM
    Quote from: André Felipe;56172
    It will go to STJ, for sure. The question is: would STJ Minister issue another stay order? I don't think so.


    Neither do I.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Julya on December 22, 2009, 06:27:45 PM
    STF cassa liminar e Sean viaja com o pai para EUA????
     
    Sean is already travelling with David?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 06:27:53 PM
    STF's website says Gilmar Mendes "ordered Sean's return".
    I don't know exactly how this "order" will reflect on STJ. Seems it will have to be obeyed. No more stays orders.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Teena on December 22, 2009, 06:28:07 PM
    Dear God PLEASE let there be no more appeals! With MA out of the picture hopefully there won't be another stay.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianForJustice on December 22, 2009, 06:28:29 PM
    Quote from: André Felipe;56172
    It will go to STJ, for sure. The question is: would STJ Minister issue another stay order? I don't think so.
    So that Marco Aurélio turned out to be a blessing in disguise. He overplayed their hand and expedited the result.

    Thank you Marco Aurélio !!!!

    :cheer::cheer::cheer::cheer::cheer::cheer::cheer::cheer::cheer::cheer::cheer::cheer::cheer:
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: gratefulgee on December 22, 2009, 06:28:36 PM
    ABC news is reporting the Supreme Court says Sean must be returned .  
    The link:  http://abcnews.go.com/
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Jose N. on December 22, 2009, 06:28:55 PM
    It's final......Sean is coming back, The news that everybody was praying for.

    Thanks God . Merry Christmas. Feliz Natal  David and Sean.

    http://g1.globo.com/Noticias/Rio/0,,MUL1424323-5606,00-LIMINAR+DO+STF+GARANTE+VOLTA+DE+SEAN+AOS+ESTADOS+UNIDOS.html
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 06:29:15 PM
    Tunevsk!!! Welcome back!! Can you clarify...when Pinto made his ruling and the HC was filed by granny...hadn't 24 hours already passed?!? SO doesn't this mean that there are only 24 hours left!!?!?!?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: rysmom on December 22, 2009, 06:29:23 PM
    David said hes waiting for wheels up ...er Cngrsmn Smith
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: rysmom on December 22, 2009, 06:30:09 PM
    sorry per Congressman Smith...
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ssmom on December 22, 2009, 06:30:11 PM
    Quote from: Julya;56185
    STF cassa liminar e Sean viaja com o pai para EUA????
     
    Sean is already travelling with David?

    Not according to Congressman Smith who is right there with David Goldman.  He said they are still trying to find out the "when".  They are cautiously optimistic, and David won't be satisfied until they are on their way back to US.
    Title: GLOBO URGENT. ANOTHER VICTORY
    Post by: Chicco on December 22, 2009, 06:30:13 PM
    GLOBO just came with a urgent insertion on their night program to inform Gilmar Mendes suspended the stay granted by Marco Aurelio Mello last week.
     
     
    Congrats to all. Let´s pray is the end of this and that we do not have another appeal tomorrow. Still little details. God bless you all
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 06:30:23 PM
    Quote from: BrazilianForJustice;56190
    So that Marco Aurélio turned out to be a blessing in disguise. He overplayed their hand and expedited the result. Thank you Marco Aurélio !!!!:cheer::cheer::cheer::cheer::cheer::cheer::cheer::cheer::cheer::cheer::cheer::cheer::cheer:


    It does appear that that was the case!
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: sandy on December 22, 2009, 06:30:25 PM
    Quote from: Christine;54837
    Nope... Jeff Rossem just said that The Evil Witch wants to fly back to the US!
    she can come we will be waiting..... hope she head directly to jail do not pass go and do not collect $200
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: gratefulgee on December 22, 2009, 06:31:03 PM
    Lead story on ABC now
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianFriend on December 22, 2009, 06:31:24 PM
    I'm really hoping Sean will be back to the U.S. with David in time for Christmas.  The reliable Conjur website refers to a "Family Christmas" as well as to "An American Christmas":

    http://www.conjur.com.br/2009-dez-22/gilmar-mendes-cassa-liminar-autoriza-viagem-sean-eua-pai
    http://www.conjur.com.br/ [This is the main page so that the text below may not be there in a few hours or tomorrow]

    Family Christmas
    Supreme Court overturns injunction and Sean travels with his father
    Based on previous Supreme Minister Gilmar Mendes determines that Sean Goldmann back with his father, David, for the United States.
    Natal em família (http://www.conjur.com.br/2009-dez-22/gilmar-mendes-cassa-liminar-autoriza-viagem-sean-eua-pai)

    STF cassa liminar e Sean viaja com o pai (http://www.conjur.com.br/2009-dez-22/gilmar-mendes-cassa-liminar-autoriza-viagem-sean-eua-pai)

    Com base em precedentes do Supremo, ministro Gilmar Mendes determina que Sean Goldmann volte com o seu pai, David, para os Estados Unidos. (http://www.conjur.com.br/2009-dez-22/gilmar-mendes-cassa-liminar-autoriza-viagem-sean-eua-pai)
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianForJustice on December 22, 2009, 06:31:32 PM
    Is CBS still asking about negotiations with the kidnappers???????????????
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Julya on December 22, 2009, 06:31:44 PM
    http://www.conjur.com.br/2009-dez-22/gilmar-mendes-cassa-liminar-autoriza-viagem-sean-eua-pai
     
    The news in Brazil are telling that Sean is travelling with David ???
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ssmom on December 22, 2009, 06:31:48 PM
    Quote from: Wendy;56195
    Tunevsk!!! Welcome back!! Can you clarify...when Pinto made his ruling and the HC was filed by granny...hadn't 24 hours already passed?!? SO doesn't this mean that there are only 24 hours left!!?!?!?


    The timing appears to be unclear right now.  Congressman Smith just confirmed on CNN that David and his attorneys are still trying to determine the "when" at this point.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Chicco on December 22, 2009, 06:31:54 PM
    GLOBO JUST ANNOUNCED AT THIS RIGHT MOMENT IN AN URGENT INSERTION IN THE NIGHT SCHEDULE THAT THE DECISION OF MARCO AURELIO IS OFFICIALLY SUSPENDED AND GILMAR MENDES ORDERED SEAN TO RETURN TO DAVID...
     
    NO BIG DETAILS YET
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Irish17 on December 22, 2009, 06:32:11 PM
    As great as this is, this is a very great moment in this long campaign. I will not be celebrating until the Wheels are up and Sean & David are on that plane together.  
     
    By the way, a huge thank you goes out to Rep Smith for sticking it out in brazil with david; you made all the difference I believe.
     
    Now lets get them all home as this is truly is Christmas miracle!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: gratefulgee on December 22, 2009, 06:32:26 PM
    Actually, it was on the lead in to NBC news with Brian Williams on now
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ssmom on December 22, 2009, 06:32:36 PM
    Quote from: Julya;56217
    http://www.conjur.com.br/2009-dez-22/gilmar-mendes-cassa-liminar-autoriza-viagem-sean-eua-pai
     
    The news in Brazil are telling that Sean is travelling with David ???


    This is not correct, Congressman Smith was just doing a live interview on CNN, David was right there with him, and he said they don't know the timing yet.
    Title: Re: GLOBO URGENT. ANOTHER VICTORY
    Post by: Roberta Palermo on December 22, 2009, 06:32:47 PM
    Its to bring him back immediately. But its 8:30 pm...maybe it will be tomorrow. Who knows about it? Roberta Palermo



    Quote from: Chicco;56205
    GLOBO just came with a urgent insertion on their night program to inform Gilmar Mendes suspended the stay granted by Marco Aurelio Mello last week.
     
     
    Congrats to all. Let´s pray is the end of this and that we do not have another appeal tomorrow. Still little details. God bless you all
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 06:33:40 PM
    Quote from: Wendy;56195
    Tunevsk!!! Welcome back!! Can you clarify...when Pinto made his ruling and the HC was filed by granny...hadn't 24 hours already passed?!? SO doesn't this mean that there are only 24 hours left!!?!?!?

    STF's website doesn't say about "48h".
    And the case's log only says TRF's decision has been restored.
    If Gilmar Mendes only "restored" it, I understand that they only have 24hours (more/less) left, from the point Marco Aurelio stayed that Saturday.
    Title: Re: STF DECISION EXPECTED TODAY 12/22
    Post by: ssmom on December 22, 2009, 06:33:46 PM
    Quote from: sandy;56208
    she can come we will be waiting..... hope she head directly to jail do not pass go and do not collect $200


    Let her come back with him, and then have US authorities arrest her for conspiracy/kidnapping.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: rysmom on December 22, 2009, 06:35:14 PM
    I am hoping that they are putting him on a plane right now... I am praying for David and Sean and that this will start a trend of awareness about parental abductions...
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: chopchop on December 22, 2009, 06:35:43 PM
    WHAT A CHRISTMAS PRESENT!!! NOW, LETS GET THAT CHILD ON A PLANE ASAP!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Teena on December 22, 2009, 06:36:14 PM
    Quote from: André Felipe;56226
    STF's website doesn't say about "48h".
    And the case's log only says TRF's decision has been restored.
    If Gilmar Mendes only "restored" it, I understand that they only have 24hours (more/less) left, from the point Marco Aurelio stayed that Saturday.
    Thats what I thought too. 24 hours.
    Title: Re: GLOBO URGENT. ANOTHER VICTORY
    Post by: Atlantic965 on December 22, 2009, 06:36:26 PM
    I won't believe it until I see SEAN and David land in NJ
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Lexi on December 22, 2009, 06:36:47 PM
    Is it accurate to think that GM made a small concession to the LeS by not ordering the immediate return as the AGU writ requested but instead by 48 hours?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianForJustice on December 22, 2009, 06:36:57 PM
    Comment at Conjur:

    22/12/2009 21:20
    Roland Freisler (Advogado Autônomo)Até que enfim!!!!!!
    Até que enfim se fez justiça! Parabéns ao Min. Gilmar Mendes. Será que para quem o zelo$o padrasto e avó vão recorrer agora? ao papa? O pai que pegue o filho de uma vez e suma do país antes que apareça outro porralouca e dê uma liminar cancelando tudo....
    Finally! Congratulations to Min. Gilmar Mendes. Will it be that the zealou$ stepfather and grandmother will appeal now? to the pope? That the father grab the son at once e disappear from this country before another madman appear and give an injunction canceling everything...
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Jackie in Upstate NY on December 22, 2009, 06:37:57 PM
    Quote from: chopchop;56232
    WHAT A CHRISTMAS PRESENT!!! NOW, LETS GET THAT CHILD ON A PLANE ASAP!!!
    NO KIDDING .... TIME CAN'T MOVE FAST ENOUGH AT THIS POINT !!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Atlantic965 on December 22, 2009, 06:37:57 PM
    Is someboody keeping tabs on Raimundo & Silviana?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Guenevere on December 22, 2009, 06:38:06 PM
    WHEEEELLLLLLLLLLLLLLLSSS SSSSSSSSSSSSSSSS     UUUUUUUUUUUUUUUUUUUUUUUP PPPPPPPPP
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Kerry on December 22, 2009, 06:38:18 PM
    I will NEVER watch CNN again

    I have just listened to the most blatantly idiotic announcement and interview.
    Unfrikkenbelievable!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 06:38:28 PM
    Quote from: Chicco;56219
    GLOBO JUST ANNOUNCED AT THIS RIGHT MOMENT IN AN URGENT INSERTION IN THE NIGHT SCHEDULE THAT THE DECISION OF MARCO AURELIO IS OFFICIALLY SUSPENDED AND GILMAR MENDES ORDERED SEAN TO RETURN TO DAVID...
     
    NO BIG DETAILS YET


    Globo TV is also repporting that this relentless gang of kidnappers will attempt some other appeal or injunction.

    And that Silvana Bianchi had earlier sent a letter to President Lula.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: NJMOM on December 22, 2009, 06:40:19 PM
    Quote from: Kerry;56245
    I will NEVER watch CNN again

    I have just listened to the most blatantly idiotic announcement and interview.
    Unfrikkenbelievable!!!!


    I agree--couldn't they find someone who new what she was talking about--I wanted to smack her!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 06:41:34 PM
    Quote from: André Felipe;56226
    STF's website doesn't say about "48h".
    And the case's log only says TRF's decision has been restored.
    If Gilmar Mendes only "restored" it, I understand that they only have 24hours (more/less) left, from the point Marco Aurelio stayed that Saturday.

    Is it possible to get the wording of the ruling???
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: tstravis on December 22, 2009, 06:41:54 PM
    Quote from: Kerry;56245
    I will NEVER watch CNN again
     
    I have just listened to the most blatantly idiotic announcement and interview.
    Unfrikkenbelievable!!!!

     
    i agree -
     
    another channel said the handover is to be friday....is this really true??
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: gratefulgee on December 22, 2009, 06:42:02 PM
    Both Diane Sawyer and Brian Williams report victory for David and Sean.  NBC reports that it is effective immediately.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Irish17 on December 22, 2009, 06:43:06 PM
    Unfortunately she can and he former son-in-law can do what they want, however the law - the honorable Judge Mendes has ruled. The only person who will really be able to over turn this with out any issues is Lula. He knows that Brazil is going to have to pay a severe and costly price if he  allows this to continue. I just don't see anything except a plane heading north with David, Sean, Rep Smith and others on board!!
     
    There is a time for all things and the time has come for the dark side to understand that they have lost. It is time for them to pack all of Sean's things, drive him to the US Consulate and bid bye-bye to him! It is over, Sean is going home with David!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: JamieCT on December 22, 2009, 06:43:35 PM
    Quote from: gratefulgee;56254
    Both Diane Sawyer and Brian Williams report victory for David and Sean.  NBC reports that it is effective immediately.
    (http://i742.photobucket.com/albums/xx69/jamie4086/378a4181.gif)(http://i742.photobucket.com/albums/xx69/jamie4086/378a4181.gif)
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 06:44:21 PM
    Quote from: Wendy;56252
    Is it possible to get the wording of the ruling???

    Not yet. We should wait for more details about the decision. Gilmar Mendes could have ordered the return within 48 hours, or less.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Aida on December 22, 2009, 06:45:00 PM
    HLN Prime News are talking about it. This lawyer knows what she is talking about and she talks about the Hague. She also defends and supports David.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 06:45:07 PM
    Quote from: André Felipe;56263
    Not yet. We should wait for more details about the decision. Gilmar Mendes could have ordered the return within 48 hours, or less.

     
    someone else posted "immediately" was the wording used by Mendes...can you see that anywhere??
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Michele on December 22, 2009, 06:45:53 PM
    Jeff Rossen of NBC who is with David just said "they are trying to find Sean so the reunion can begin."
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Caldwell on December 22, 2009, 06:46:01 PM
    Rosen said one thing, subtle, but concerning: "the lawyer for the Brazilian family said they were trying (or going, I did not record it) to find Sean to prepare for transition"

    FIND SEAN?  Please no disappearing acts. Didn't we all assume he was under some sort of watch????
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Sarita on December 22, 2009, 06:46:40 PM
    Quote from: Kerry;56245
    I will NEVER watch CNN again

    I have just listened to the most blatantly idiotic announcement and interview.
    Unfrikkenbelievable!!!!


    Toobin especially missed the boat on brazil's compliance w/ hague
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Bree on December 22, 2009, 06:46:41 PM
    Quote from: Atlantic965;56243
    Is someboody keeping tabs on Raimundo & Silviana?

    I was thinking about this too.  Someone posted on FB, the following:
     
    Jeff Rossen just reported that they are "trying to find Sean so the reunification can begin immediately."
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: POTTERD2 on December 22, 2009, 06:47:04 PM
    Quote from: André Felipe;56186
    STF's website says Gilmar Mendes "ordered Sean's return".
    I don't know exactly how this "order" will reflect on STJ. Seems it will have to be obeyed. No more stays orders.

    If David does get to leave and bring Sean home, does it really matter what the appeals are? Once Sean is back in the US doesn't Brazil lose Jurisdiction over the case? Even if somehow they ruled against David, they would already be hear.  Would he have to listen to anything the Brazilian courts had to say once he is back home?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: RayStar on December 22, 2009, 06:47:16 PM
    I am so happy with this news.  I want them on a plane heading back to the USA now.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Roberta Palermo on December 22, 2009, 06:47:20 PM
    immediately is everywhere in Brazilian's online newspapers: Folha de São Paulo, Estado de São Paulo, O Globo. Roberta Palermo


    Quote from: Wendy;56265
    someone else posted "immediately" was the wording used by Mendes...can you see that anywhere??
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Aida on December 22, 2009, 06:47:43 PM
    Well Silvana your 15 minutes of fame are up!:rolleyes:
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: mrbeansmom on December 22, 2009, 06:48:03 PM
    Quote from: Caldwell;56268
    Rosen said one thing, subtle, but concerning: "the lawyer for the Brazilian family said they were trying (or going, I did not record it) to find Sean to prepare for transition"

    FIND SEAN?  Please no disappearing acts. Didn't we all assume he was under some sort of watch????

    Eeeshh! I can just see the grandmother saying he "ran away" because he wants to stay with her. Oh Lord, please don't let this turn into a big circus!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 06:48:21 PM
    Quote from: Wendy;56265
    someone else posted "immediately" was the wording used by Mendes...can you see that anywhere??

    I only trust on STF's news website, and Conjur, neither used the word "immediately", they just say Gilmar Mendes restored TRF's decision, and that Sean should return and be with his father.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: RayStar on December 22, 2009, 06:48:30 PM
    Quote from: POTTERD2;56272
    If David does get to leave and bring Sean home, does it really matter what the appeals are? Once Sean is back in the US doesn't Brazil lose Jurisdiction over the case? Even if somehow they ruled against David, they would already be hear. Would he have to listen to anything the Brazilian courts had to say once he is back home?
    I think once back here they have no say.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Sashia on December 22, 2009, 06:48:32 PM
    Quote from: Irish17;56259
    Unfortunately she can and he former son-in-law can do what they want, however the law - the honorable Judge Mendes has ruled. The only person who will really be able to over turn this with out any issues is Lula. He knows that Brazil is going to have to pay a severe and costly price if he allows this to continue. I just don't see anything except a plane heading north with David, Sean, Rep Smith and others on board!!
     

    But WAIT!!! Brazil has it's separate  judiciary and he can't involve himself...they are after all a sovereign nation and a democracy!!!!!!!!!!!!!!!!!!!!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: younghippie on December 22, 2009, 06:48:49 PM
    just hope she has not hidden him some where
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 06:49:31 PM
    Quote from: mrbeansmom;56278
    Eeeshh! I can just see the grandmother saying he "ran away" because he wants to stay with her. Oh Lord, please don't let this turn into a big circus!

    What a WITCH!!!! Ignorant, rude, selfish cow!!! Sean should have BEEN prepared!! You should have loved him enough to prepare him!!! There truly is a special place in hell for you!!!  IF she says this, you'll have to put me in a straight jacket!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: smibr05 on December 22, 2009, 06:50:02 PM
    why is everyone saying "find sean".  NBC said it and I heard it from the forum.  what is going on, where is he?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 06:51:00 PM
    Quote from: Sashia;56281
    But WAIT!!! Brazil has it's separate  judiciary and he can't involve himself...they are after all a sovereign nation and a democracy!!!!!!!!!!!!!!!!!!!!!!!


    Precisely, Silvana's letter to Lula is pure despair. The president has no say in this matter.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Dan_Plainview on December 22, 2009, 06:51:48 PM
    Quote from: André Felipe;56279
    I only trust on STF's news website, and Conjur, neither used the word "immediately", they just say Gilmar Mendes restored TRF's decision, and that Sean should return and be with his father.

    Agreed ... I think we are on the 24 hour timeline
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Sashia on December 22, 2009, 06:52:28 PM
    He'd better not be hidden out at the pseudo socio-affective step grandfather's horse farm!!!!!!!!!!!!!!!!!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Caldwell on December 22, 2009, 06:52:34 PM
    Quote from: smibr05;56285
    why is everyone saying "find sean".  NBC said it and I heard it from the forum.  what is going on, where is he?

    Well, we assume that given the profile of this case that he was secure at home with some police parked nearby. I hope that IS the case. But Rosen used the words, quoting or paraphrasing from "the family's lawyer". Maybe nothing at all to read into it, but we are justly paranoid here.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: smibr05 on December 22, 2009, 06:52:44 PM
    has anyone heard anything from the twitter thing?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Roberta Palermo on December 22, 2009, 06:52:55 PM
    Lets wait. I didn't read this anywhere. They lose the reason (the one they already don't have) if they do something like this. Now all the newspaper are talking about this, finally Roberta Palermo


    Quote from: smibr05;56285
    why is everyone saying "find sean".  NBC said it and I heard it from the forum.  what is going on, where is he?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 06:53:20 PM
    Quote from: André Felipe;56279
    I only trust on STF's news website, and Conjur, neither used the word "immediately", they just say Gilmar Mendes restored TRF's decision, and that Sean should return and be with his father.


    Exactly. Even the extract at STF's website only says that Mendes voided MA's injunction and restored the effects of TRF-2's judgement:

    DEFERIDO "o pedido liminar para sustar os efeitos da decisão liminar proferida pelo Ministro relator do HC n. 101.985/RJ, do Supremo Tribunal Federal, restaurando-se os efeitos da decisão proferida pelo Tribunal Regional Federal da 2ª Região na Apelação Cível n.º 2008.51.01.018422-0".
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: mrbeansmom on December 22, 2009, 06:53:47 PM
    Quote from: Wendy;56283
    What a WITCH!!!!  Ignorant, rude, selfish cow!!! Sean should have BEEN prepared!! You should have loved him enough to prepare him!!!  There truly is a special place in hell for you!!!

    No kidding. When Social Services gave us 24 hours notice that they were coming to take our little guy and give him back to his birthmom, leaving the sister he was so closely bonded to with us, we had to stuff our hearts into our throats and tell him of the adventure he was about to embark on. No tears allowed. Just the facts. We encouraged him, and tried our best to make him feel that this was the right thing because it was the best thing for him.

    They should have been preparing Sean all along, and setting aside their feelings and encouraging him. They have no idea how very much they have harmed this young man for life. For life.............
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Irish17 on December 22, 2009, 06:54:33 PM
    Quote from: smibr05;56285
    why is everyone saying "find sean". NBC said it and I heard it from the forum. what is going on, where is he?
    "
     
    It is not beyond Granny or the step-father to ignore the judges orders and remove Sean. They have done it once and can do it again. That is why we are so reserved about this ruling. Yes it is great victory and great ruling. However now, we need to focus on really getting Sean to David and getting them both out of Brazil safely; the sooner the better.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: smibr05 on December 22, 2009, 06:55:47 PM
    paranoid?? you can bet I am.  I want to see footage of them together!  I don't know what the news stations don't have a live streaming feed.  I'de watch it.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 06:56:10 PM
    Quote from: Tunevsk;56298
    Exactly. Even the extract at STF's website only says that Mendes voided MA's injunction and restored the effects of TRF-2's judgement:
     
    DEFERIDO "o pedido liminar para sustar os efeitos da decisão liminar proferida pelo Ministro relator do HC n. 101.985/RJ, do Supremo Tribunal Federal, restaurando-se os efeitos da decisão proferida pelo Tribunal Regional Federal da 2ª Região na Apelação Cível n.º 2008.51.01.018422-0".

    OMG!! THERE YOU ARE!!  Do you have access to the wording of the ruling...other than what is here?  Will it be posted if you don't have access now, will you later???  I'm trying to find out if it's 24 hours or back to the original 48 or IMMEDIATELY?!?!?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ICR&I on December 22, 2009, 06:56:13 PM
    The ruling does allow David to bring Sean home. However, there are so many things that can go wrong here. Starting with an attorney who says the fight is not over, final approval of a full session among other things that are being watched for. This family is looking at other options. And those won't happen :)
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Priss on December 22, 2009, 06:56:34 PM
    Quote from: smibr05;56303
    paranoid?? you can bet I am.  I want to see footage of them together!  I don't know what the news stations don't have a live streaming feed.  I'de watch it.


    Me too!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 07:03:04 PM
    Quote from: US_Internat_Investgation s;56307
    The ruling does allow David to bring Sean home. However, there are so many things that can go wrong here. Starting with an attorney who says the fight is not over, final approval of a full session among other things that are being watched for. This family is looking at other options. And those won't happen :)

    The final approval of a full session will only happen on February (IF Gilmar Mendes puts it on the shedule for February)
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 07:04:02 PM
    Quote from: Wendy;56306
    OMG!! THERE YOU ARE!!  Do you have access to the wording of the ruling...other than what is here?  Will it be posted if you don't have access now, will you later???  I'm trying to find out if it's 24 hours or back to the original 48 or IMMEDIATELY?!?!?


    I'm home now, and if something appears to which I have access, I'll post it.

    But the above quote is from an official summary of the ruling that appears on the page dedicated to the case file MS 28.524 (AGU's writ) and also in the page dedicated to the case file MS 28.525 (David's writ).
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 07:04:36 PM
    Quote from: André Felipe;56318
    The final approval of a full session will only happen on February (IF Gilmar Mendes puts it on the shedule for February)

    Can you clarify this?? Are you saying that even tho those animals have appealed, it's too late for them to hear it before Sean is back in NJ???
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ssmom on December 22, 2009, 07:04:53 PM
    Quote from: Irish17;56259
    Unfortunately she can and he former son-in-law can do what they want, however the law - the honorable Judge Mendes has ruled. The only person who will really be able to over turn this with out any issues is Lula. He knows that Brazil is going to have to pay a severe and costly price if he  allows this to continue. I just don't see anything except a plane heading north with David, Sean, Rep Smith and others on board!!
     
    There is a time for all things and the time has come for the dark side to understand that they have lost. It is time for them to pack all of Sean's things, drive him to the US Consulate and bid bye-bye to him! It is over, Sean is going home with David!!


    As long as the appeal doesn't block this ruling from being carried out.  Until the wheels are up, I won't celebrate.  Too many setbacks so far.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Ian on December 22, 2009, 07:05:13 PM
    This is the chief justice of the supreme court speaking.. i just hope the other judges of lower courts understand that it´s over.... no more injuctions, no more embarassment for the justice system.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Chicco on December 22, 2009, 07:05:14 PM
    GLOBO news is on the air now. Summary is GMendes requested the immediate return of Sean to his father but the anchor from Brasilia said the family could still appeal...
     
    It also said David was happy but cautious and would only celebrate when Sean and him were out of Brazil, while the family said they would not comment before reading and understandinge the decision of Gilmar Mendes. They said they will comply with Justice decision but hat they will fight as much as possible if they have a chance to appeal yet... I have to leave. Let´s enjoy the moment but keep the the prayers flowing until Sean is in US... bye
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Sashia on December 22, 2009, 07:05:39 PM
    Do you know when the news reports with David talking about the verdict were  filmed? Could they possibly have been filmed hours ago and held till they were on a plane? Maybe? huh?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 07:05:56 PM
    Quote from: André Felipe;56318
    The final approval of a full session will only happen on February (IF Gilmar Mendes puts it on the shedule for February)


    If -- as we all hope -- Sean is delivered to America, then all pending appeals will probably be declared moot and dismissed without ruling on the merits.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Grace on December 22, 2009, 07:05:56 PM
    I am in bar in happy hour and heard the news! I think I will get drunk!! I cannot believe this!!! Finally! I am so happy! But of course, when the wheels ate up... Can't wait to get home and read more!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Pepe on December 22, 2009, 07:06:23 PM
    The rullings (PDFs) - in portuguese:
     
    http://s.conjur.com.br/dl/liminar-gilmar-mendes-autoriza-entrega.pdf
     
    http://s.conjur.com.br/dl/liminar-gilmar-mendes-autoriza-entrega1.pdf
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 07:06:38 PM
    Quote from: Wendy;56323
    Can you clarify this?? Are you saying that even tho those animals have appealed, it's too late for them to hear it before Sean is back in NJ???

    If it depends on STF, yes.
     
    Gilmar Mendes issued a preliminary decision, cancelling Marco Aurelio's previous decision.
    This preliminary decision must be confirmed by the others Ministers, but they will only reunite again on February.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 07:06:55 PM
    Quote from: Sashia;56332
    Do you know when the news reports with David talking about the verdict were filmed? Could they possibly have been filmed hours ago and held till they were on a plane? Maybe? huh?

    OMG Sashia! I sure hope you are right!!!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ssmom on December 22, 2009, 07:08:19 PM
    Quote from: Sashia;56332
    Do you know when the news reports with David talking about the verdict were  filmed? Could they possibly have been filmed hours ago and held till they were on a plane? Maybe? huh?

    Doubtful, Chris Smith was right there with David when  he was talking on CNN.  He said David won't be satisfied until wheels were up....if that were the case I'm sure he'd have said so.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 07:09:43 PM
    Quote from: André Felipe;56338
    If it depends on STF, yes.
     
    Gilmar Mendes issued a preliminary decision, cancelling Marco Aurelio's previous decision.
    This preliminary decision must be confirmed by the others Ministers, but they will only reunite again on February.


    Which means that, if Mendes' order is carried out and Sean is out of Brazilian jurisdiction by February, all that will be left for the full Court to do will be to declare any appeals moot.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: nbianch on December 22, 2009, 07:10:33 PM
    I just saw katie COuric and she said that it is not over yet as it still needs the ruling of the full supreme court.  WHat the f is she talking about?  Is she on drugs?  CBS SUCKS!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Caldwell on December 22, 2009, 07:10:57 PM
    Quote from: Pepe;56337
    The rullings (PDFs) - in portuguese:
     
    http://s.conjur.com.br/dl/liminar-gilmar-mendes-autoriza-entrega.pdf
     
    http://s.conjur.com.br/dl/liminar-gilmar-mendes-autoriza-entrega1.pdf

    We need translations......please ......
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 07:11:03 PM
    THE SUPREME COURT HAS POSTED THE FULL TENOR OF THE RULINGS ISSUED BY PRESIDENT MENDES IN THE TWO WRITS OF MANDAMUS ONLINE:

    http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=118213

    Portuguese only. Follow the links.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Herb Wife on December 22, 2009, 07:11:29 PM
    Quote from: Sashia;56332
    Do you know when the news reports with David talking about the verdict were filmed? Could they possibly have been filmed hours ago and held till they were on a plane? Maybe? huh?

     
    did you steal come old lady's laptop??
     
    ~it would be great if they are already in air...think we are all going to have to wait & see ~
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: nbianch on December 22, 2009, 07:11:55 PM
    Does Sean have to stay until Feb or can he leave now?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 07:12:37 PM
    Quote from: Tunevsk;56354
    THE SUPREME COURT HAS POSTED THE FULL TENOR OF THE RULINGS ISSUED BY PRESIDENT MENDES IN THE TWO WRITS OF MANDAMUS ONLINE:
     
    http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=118213
     
    Portuguese only. Follow the links.

     
    OMIGOSH!!  Can someone at least put up a google translation?!?!?!  please!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ssmom on December 22, 2009, 07:12:39 PM
    Quote from: nbianch;56356
    Does Sean have to stay until Feb or can he leave now?


    No one really knows for sure yet.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 07:12:40 PM
    Quote from: Tunevsk;56349
    Which means that, if Mendes' order is carried out and Sean is out of Brazilian jurisdiction by February, all that will be left for the full Court to do will be to declare any appeals moot.

    I don't know Tunevsk, peharps they do as judge Pinto did, by trusting on US' respecting an eventual final decision ordering Sean to be in Brasil. Peharps...
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Sashia on December 22, 2009, 07:12:40 PM
    Quote from: Pepe;56337
    The rullings (PDFs) - in portuguese:
     
    http://s.conjur.com.br/dl/liminar-gilmar-mendes-autoriza-entrega.pdf
     
    http://s.conjur.com.br/dl/liminar-gilmar-mendes-autoriza-entrega1.pdf

    31 and 29 pages respectively. I'm reading now, skipping over what's just reitteration of the case. Will post in pieces....
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Abarbato19 on December 22, 2009, 07:12:59 PM
    Quote from: nbianch;56356
    Does Sean have to stay until Feb or can he leave now?
    he can leave  cause i guess jeff rossen said there on there way to go find sean
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianFriend on December 22, 2009, 07:13:11 PM
    Quote from: Wendy;56265
    someone else posted "immediately" was the wording used by Mendes...can you see that anywhere??

    Yes! The word immediately appears in this article from O Estado de Sao Paulo:

    http://www.estadao.com.br/noticias/geral,gilmar-mendes-cassa-liminar-e-determina-entrega-de-sean-ao-pai,486045,0.htm

    Tuesday, December 22, 2009 9:36 p.m. | Online

    Gilmar Mendes overturns injunction and determines delivery of Sean to his father

    REUTERS

    BRASILIA - President of the Supreme Court (STF), Gilmar Mendes, banned on Tuesday a temporary injunction granted by the Minister Marco Aurélio Mello, and ordered the delivery of Sean to the biological father David Goldman immediately.

    The decision came after Goldman and the Attorney General's Office presented last week, two of mandamus with preliminary injunction, questioning the decision de Mello, who had given the boy's stay in Brazil.

    The custody of Sean, age 9, has been played since the death of his wife, Bruna Bianchi, last year. The issue involves the American father, who arrived in Brazil last week, and stepfather, John's lawyer Paulo Lins e Silva, with whom the child lives in Rio de Janeiro.

    Last week, the Federal Court of Rio de Janeiro determined that the guard Sean should get the biological father and that the boy should return to the United States within 48 hours after the decision.

    However, an injunction of the Supreme Court was granted the next day in favor of the Brazilian family of the child, preventing the return of the child to the United States with his father.

    In his request for an injunction to the Supreme Court, the maternal grandmother of Sean, Silvana Bianchi, said he wants to stay in Brazil and said the views of the child should be heard in court before the court ruling on his future.

    Silvana sent on Tuesday a public letter to President Luiz Inácio Lula da Silva asking for your support by keeping Sean in the country and a hearing to "personally deliver written statements" by Sean Lula.

    "I'm worried about losing my grandson Sean because of international pressure that does not take into consideration the interests of a child of 9 years who longs to remain among those who gave comfort in her mother's death," said Silvana in the letter.


    terça-feira, 22 de dezembro de 2009, 21:36 | Online
           Gilmar Mendes cassa liminar e determina entrega de Sean ao pai

         
                               REUTERS    
         Tamanho do texto? A A A A
         
      BRASÍLIA - O presidente do Supremo Tribunal Federal (STF), Gilmar Mendes, cassou nesta terça-feira a liminar concedida pelo ministro Marco Aurélio Mello e determinou a entrega do menino Sean ao pai biológico David Goldman imediatamente.

    A decisão foi tomada depois que Goldman e a Advocacia Geral da União apresentaram, na semana passada, dois mandados de segurança com pedido de liminar, questionando a decisão de Mello, que havia determinado a permanência do menino no Brasil.

    A guarda de Sean, de 9 anos, é disputada desde a morte da mãe do menino, Bruna Bianchi, no ano passado. A questão envolve o pai norte-americano, que chegou ao Brasil na semana passada, e o padrasto, o advogado João Paulo Lins e Silva, com quem o menino vive no Rio de Janeiro.

    Na semana passada, o Tribunal Regional Federal do Rio de Janeiro determinou que a guarda de Sean deveria ficar com o pai biológico e que o menino deveria retornar aos Estados Unidos em 48 horas após a decisão.

    No entanto, uma liminar do STF foi concedida no dia seguinte em favor da família brasileira da criança, impedindo o retorno do menino aos Estados Unidos com o pai.

    Em seu pedido de liminar ao STF, a avó materna de Sean, Silvana Bianchi, disse que ele deseja ficar no Brasil e afirmou que a opinião da criança deveria ser ouvida em juízo antes que a Justiça decidisse o seu futuro.

    Silvana enviou nesta terça-feira uma carta pública ao presidente Luiz Inácio Lula da Silva pedindo seu apoio pela permanência de Sean no país e uma audiência para "entregar pessoalmente manifestações escritas" por Sean a Lula.

    "Estou ameaçada de perder meu neto Sean por conta de uma pressão internacional que não leva em consideração o interesse de uma criança de 9 anos que deseja ardentemente permanecer no meio daqueles que lhe deram conforto na morte da mãe", disse Silvana na carta.

    (Reportagem de Ana Paula Paiva)
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 07:13:17 PM
    The ruling in AGU's case is 27 pages long (STF official site version).

    In David's case it is 26 pages long.

    But the operative part in both rulings is the same:

    "Ante o exposto, defiro o pedido liminar para sustar os efeitos da decisão liminar proferida pelo Ministro relator do HC n. 101.985/RJ, do Supremo Tribunal Federal, restaurando-se os efeitos da decisão proferida pelo Tribunal Regional Federal da 2ª Região na Apelação Cível n.º 2008.51.01.018422-0.
    Comunique-se com urgência.
    Publique-se.
    Notifique-se a autoridade coatora, para que preste as informações no prazo legal.
    Após, dê-se vista dos autos à Procuradoria-Geral da República."
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 07:13:31 PM
    Quote from: Sashia;56360
    31 and 29 pages respectively. I'm reading now, skipping over what's just reitteration of the case. Will post in pieces....

     
    THANK YOU!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Caldwell on December 22, 2009, 07:13:35 PM
    Quote from: Tunevsk;56349
    Which means that, if Mendes' order is carried out and Sean is out of Brazilian jurisdiction by February, all that will be left for the full Court to do will be to declare any appeals moot.


    So that's the key, CARRYING OUT THE ORDER.  Tunvesk, do you know if there is ANY FORCE behind this? I am really worried that GM has done his job, thank you very much, off on vacation, and oh, by the way, if the family wants to comply, fine, if not, WHAT?  

    WHO EXACTLY has the power to order a forced (if necessary) removal??
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Pepe on December 22, 2009, 07:14:15 PM
    Extract from Gilmar Mendes rulling:
    ---------------------------------
     
    Ademais, não se pode olvidar que esta Corte – particularmente em razão do papel que exerce no ordenamento jurídico brasileiro – tem posição assente de seu plenário de repúdio à postergação de processos judiciais pela via de medidas meramente protelatórias
    ...
     
    Em síntese, apontam-se aqui os fundamentos que autorizam o deferimento desta medida liminar:
     
    (1) peculiaridade de o caso já ter sido debatido, de forma explícita, pelo Plenário desta Corte (na ADPF n.º 172/RJ), com manifestações claras no sentido de cumprimento do que decidido pelas vias ordinárias;
     
    (2) impetração que decidiu situação identidade à contida no HC n.º 99.945/RJ (STF) – pendente de recurso desde agosto de 2009 –, em que se negou seguimento ao habeas corpus por ser este incabível para rever fatos e provas e para servir como meio de reforma de decisões de mérito;
     
    (3) ausência de demonstração de ilegalidade ou de abuso de poder exigíveis para a concessão da medida liminar deferida no habeas corpus ora impugnado;
     
    (4) inadequação da via estreita do habeas corpus para o revolvimento de fatos e provas, conforme a jurisprudência desta Corte;
     
    (5) inadequação da via eleita como sucedâneo de recurso, conforme a jurisprudência desta Corte;
     
    (6) existência de sentença e acórdão, que definem no mérito a situação jurídica dos autos, com determinação de entrega imediata do menor S.R.G. ao pai biológico e o problemático tumulto processual evidenciado nos autos.
     
    O ato atacado, dessa forma, não encontra respaldo na jurisprudência desta Corte
     
     
    Google Translation ...
    -----------------------
     
    Moreover, one can not forget that this Court - particularly because of the role it plays in the Brazilian legal system - has based its position on House rejection of the postponement of court proceedings by way of merely dilatory measures
     
    ....
     
    In short, it was pointed out here the grounds which authorize the granting of this injunction:
     
    (1) peculiarity of the case have already been discussed explicitly, by the Plenary of this Court (at paragraph 172/RJ ADPF), with clear expressions in order to comply with that decided by the ordinary way;
     
    (2) impetration decided that the same situation as contained in paragraph HC 99.945/RJ (STF) - pending appeal since August 2009 - in which he refused up to habeas corpus because this is it unreasonable to review facts and evidence and to serve as a means of reform decisions on the merits;
     
    (3) absence of proof of illegality or abuse of power required for the granting of the injunction upheld in habeas corpus under appeal;
     
    (4) inadequacy of narrow habeas corpus to the revolving of facts and evidence, as the jurisprudence of this Court;
     
    (5) inadequacy of the path chosen as a substitute for appeal, as the jurisprudence of this Court;
     
    (6) existence of sentence and above, in defining the legal merits of the case, with determination of immediate delivery of the minor SRG the biological father and problematic procedural turmoil evidenced in the records.
     
    The act attacked thus not supported by the jurisprudence of this Court
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: cathlabnurse on December 22, 2009, 07:14:39 PM
    The decision was really being watch by a lot of people, judging the number who are actively viewing the threads. Let us continue to pray so that David and son will be flying immediately in time for Christmas in NJ.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: malalves on December 22, 2009, 07:15:05 PM
    To everyone that reads Portuguese: please read Gilmar Mendes decissions. I am in the middle of the first and my first impression is that he made difficult to any appeals to be presented. It took time, but it seems that he wanted to make sure that no more chicanery will work.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Sashia on December 22, 2009, 07:15:25 PM
    Quote from: Herb Wife;56355
    did you steal come old lady's laptop??

    ~it would be great if they are already in air...think we are all going to have to wait & see ~

    Haha H.W. I bought a monitor on my way home from work and hooked it up to the laptop. It's kind a weird typing straight ahead but watching to the right.....think I have  a kink in my neck
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: JamesJosephs on December 22, 2009, 07:16:01 PM
    Thank you Pepe.
     
    Quote from: Pepe;56367
    Extract from Gilmar Mendes rulling:
    ---------------------------------
     
    Ademais, não se pode olvidar que esta Corte – particularmente em razão do papel que exerce no ordenamento jurídico brasileiro – tem posição assente de seu plenário de repúdio à postergação de processos judiciais pela via de medidas meramente protelatórias
    ...
     
    Em síntese, apontam-se aqui os fundamentos que autorizam o deferimento desta medida liminar:
     
    (1) peculiaridade de o caso já ter sido debatido, de forma explícita, pelo Plenário desta Corte (na ADPF n.º 172/RJ), com manifestações claras no sentido de cumprimento do que decidido pelas vias ordinárias;
     
    (2) impetração que decidiu situação identidade à contida no HC n.º 99.945/RJ (STF) – pendente de recurso desde agosto de 2009 –, em que se negou seguimento ao habeas corpus por ser este incabível para rever fatos e provas e para servir como meio de reforma de decisões de mérito;
     
    (3) ausência de demonstração de ilegalidade ou de abuso de poder exigíveis para a concessão da medida liminar deferida no habeas corpus ora impugnado;
     
    (4) inadequação da via estreita do habeas corpus para o revolvimento de fatos e provas, conforme a jurisprudência desta Corte;
     
    (5) inadequação da via eleita como sucedâneo de recurso, conforme a jurisprudência desta Corte;
     
    (6) existência de sentença e acórdão, que definem no mérito a situação jurídica dos autos, com determinação de entrega imediata do menor S.R.G. ao pai biológico e o problemático tumulto processual evidenciado nos autos.
     
    O ato atacado, dessa forma, não encontra respaldo na jurisprudência desta Corte
     
     
    Google Translation ...
    -----------------------
     
    Moreover, one can not forget that this Court - particularly because of the role it plays in the Brazilian legal system - has based its position on House rejection of the postponement of court proceedings by way of merely dilatory measures
     
    ....
     
    In short, it was pointed out here the grounds which authorize the granting of this injunction:
     
    (1) peculiarity of the case have already been discussed explicitly, by the Plenary of this Court (at paragraph 172/RJ ADPF), with clear expressions in order to comply with that decided by the ordinary way;
     
    (2) impetration decided that the same situation as contained in paragraph HC 99.945/RJ (STF) - pending appeal since August 2009 - in which he refused up to habeas corpus because this is it unreasonable to review facts and evidence and to serve as a means of reform decisions on the merits;
     
    (3) absence of proof of illegality or abuse of power required for the granting of the injunction upheld in habeas corpus under appeal;
     
    (4) inadequacy of narrow habeas corpus to the revolving of facts and evidence, as the jurisprudence of this Court;
     
    (5) inadequacy of the path chosen as a substitute for appeal, as the jurisprudence of this Court;
     
    (6) existence of sentence and above, in defining the legal merits of the case, with determination of immediate delivery of the minor SRG the biological father and problematic procedural turmoil evidenced in the records.
     
    The act attacked thus not supported by the jurisprudence of this Court
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 07:16:46 PM
    Quote from: malalves;56370
    To everyone that reads Portuguese: please read Gilmar Mendes decissions. I am in the middle of the first and my first impression is that he made difficult to any appeals to be presented. It took time, but it seems that he wanted to make sure that no more chicanery will work.

    PLEASE, PLEASE let this be true!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 07:18:49 PM
    Quote from: Tunevsk;56363
    The ruling in AGU's case is 27 pages long (STF official site version).
     
    In David's case it is 26 pages long.
     
    But the operative part in both rulings is the same:
     
    "Ante o exposto, defiro o pedido liminar para sustar os efeitos da decisão liminar proferida pelo Ministro relator do HC n. 101.985/RJ, do Supremo Tribunal Federal, restaurando-se os efeitos da decisão proferida pelo Tribunal Regional Federal da 2ª Região na Apelação Cível n.º 2008.51.01.018422-0.
    Comunique-se com urgência.
    Publique-se.
    Notifique-se a autoridade coatora, para que preste as informações no prazo legal.
    Após, dê-se vista dos autos à Procuradoria-Geral da República."

    If they are "restoring" the Pinto ruling then that must mean the remaining 24 hours!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianForJustice on December 22, 2009, 07:19:34 PM
    Once he decided to order the return, he has to make as tight as possible. Especially knowing that he challenging a true mafia cabal within the system.

    1,150 people online!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Caldwell on December 22, 2009, 07:19:44 PM
    Quote from: Caldwell;56365
    So that's the key, CARRYING OUT THE ORDER.  Tunvesk, do you know if there is ANY FORCE behind this? I am really worried that GM has done his job, thank you very much, off on vacation, and oh, by the way, if the family wants to comply, fine, if not, WHAT?  

    WHO EXACTLY has the power to order a forced (if necessary) removal??


    Am I wrong, but is this question not critically important given this family's history??
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 07:21:45 PM
    Quote from: Caldwell;56378
    Am I wrong, but is this question not critically important given this family's history??

    yes...can someone answer it?  Is Sean being watched??
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: JamesJosephs on December 22, 2009, 07:22:38 PM
    Quote from: Caldwell;56365
    So that's the key, CARRYING OUT THE ORDER. Tunvesk, do you know if there is ANY FORCE behind this? I am really worried that GM has done his job, thank you very much, off on vacation, and oh, by the way, if the family wants to comply, fine, if not, WHAT?
     
    WHO EXACTLY has the power to order a forced (if necessary) removal??

     
    It would be the federal police, which are part of the Executive Branch, if he is not turned over voluntarily. I have little doubt that the executive branch will attempt to enforce the order, if it came down to that, as the AGU (also part of the Executive Branch filed on behalf of David. The federal police did attempt to enforce the larivee order, but the kidnapper hid the child.  Let's hope that doesn't happen.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 07:23:53 PM
    Quote from: Tunevsk;56363
    The ruling in AGU's case is 27 pages long (STF official site version).

    In David's case it is 26 pages long.

    But the operative part in both rulings is the same:

    "Ante o exposto, defiro o pedido liminar para sustar os efeitos da decisão liminar proferida pelo Ministro relator do HC n. 101.985/RJ, do Supremo Tribunal Federal, restaurando-se os efeitos da decisão proferida pelo Tribunal Regional Federal da 2ª Região na Apelação Cível n.º 2008.51.01.018422-0.
    Comunique-se com urgência.
    Publique-se.
    Notifique-se a autoridade coatora, para que preste as informações no prazo legal.
    Após, dê-se vista dos autos à Procuradoria-Geral da República."
    [/I]

    The translation of the operative part is:

    "For the above reasons, I grant the request of preliminary ruling to deprive of effects the preliminary decision issued by the Minister rapporteur of the HC 101.985/RJ, of the Supreme Federal Court, hereby restoring the effects of the decision rendered by the Federal Regional Court for the Second Region in the Civil Appeal 2008.51.01.018422-0.

    Let communications be issued with urgency.
    Let it be published.
    Let the defendant authority be notified, so that it can provide informations in the time limit assigned by law.
    After that, send the file to the Attorney General of the Republic."

    Now, some explanations:

    The "communications" of the first line after the part in bold are communications to the lower courts, and to those that will be charged with executing the order.

    The publishing refered in the second line is the command for the ruling to be gazzetted in the official gazette.

    The third line deals with notification to the defendant (MA).

    The fouth line deals with the last step, the sending of the file to the Attorney General for his legal opinion.

    The "communications" of the first line, once issued, will ignite the process of execution of the order independently of the other formalities. That's how it works. That why those communications, and nothing else, are to be done with urgency.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Dan_Plainview on December 22, 2009, 07:24:30 PM
    Quote from: Tunevsk;56363
    The ruling in AGU's case is 27 pages long (STF official site version).

    In David's case it is 26 pages long.

    But the operative part in both rulings is the same:

    "Ante o exposto, defiro o pedido liminar para sustar os efeitos da decisão liminar proferida pelo Ministro relator do HC n. 101.985/RJ, do Supremo Tribunal Federal, restaurando-se os efeitos da decisão proferida pelo Tribunal Regional Federal da 2ª Região na Apelação Cível n.º 2008.51.01.018422-0.
    Comunique-se com urgência.
    Publique-se.
    Notifique-se a autoridade coatora, para que preste as informações no prazo legal.
    Após, dê-se vista dos autos à Procuradoria-Geral da República."

    Dave still needs a warrant somehow ... night turn judge at first level?

    Haven't seen that Justice Mendes has communicated that yet ...
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 07:25:28 PM
    Gilmar Mendes quoted and used Ellen Gracie's marvelous Vote on that ADPF judgement. I knew that woman's great vote would have reflections!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Caldwell on December 22, 2009, 07:28:59 PM
    Quote from: BrazilianForJustice;56394
    But remember that the kidnappers want to look good to the US courts, to play for more visitation...

    Excellent point. Send them the memo, ok?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: NormalMom on December 22, 2009, 07:29:04 PM
    Andre Felipe & Tunevsk----thank you so much for your comments and insights.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianForJustice on December 22, 2009, 07:29:49 PM
    Quote from: André Felipe;56393
    Gilmar Mendes quoted and used Ellen Gracie's marvelous Vote on that ADPF judgement. I knew that woman's great vote would have reflections!
    You go Ellen Gracie Northfleet !! And don't forget Márcio Adams at the AGU. And Zamariola. What is that with the American-Brazilians and the Italian-Brazilians?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 07:33:09 PM
    That part is just great:

    É preciso enfatizar, em reforço à
    excepcionalidade ora afigurada, que o Supremo Tribunal
    Federal já se manifestou mais de uma vez sobre o tema de
    fundo da presente impetração, seja no habeas corpus n.º
    99.945/RJ (decisão singular), seja no bojo do referendo de
    medida cautelar na ADPF n.º 172/RJ (decisão plenária),
    cujas decisões assentaram o imperativo de observância das
    vias ordinárias como regra essencial para o adequado
    deslinde da controvérsia em análise.
    Portanto, conheço da impetração.
    Vislumbro a presença dos requisitos para o
    deferimento do pedido de liminar neste writ.
    Constata-se dos autos a inadequação da via do
    habeas corpus para revolvimento de matéria de fato já
    decidida por sentença e acórdão de mérito e para servir
    como sucedâneo recursal.
    Revela-se, ainda, na existência de decisões
    anteriores do STF que apontam para necessidade de efetivo
    cumprimento das decisões de mérito e a impropriedade
    jurídica de seguidas medidas judiciais que provocam tumulto
    processual.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 07:40:33 PM
    In short (very short!), Gilmar Mendes says (1) Habeas Corpus is completely inadequate to what Silvana is asking, or trying to achieve; (2) there are others procedural measures suitable for what is being asked, and all the others instances decided accordaly; (3) this filling of improprers procedural measures are disturbing the jurisdiction over the main proceeding; (4) the first instance and TRF decided that Sean's opinion is not relevant, due his age and maturity, and this issue should not be discussed via Habeas Corpus neither that ADPF, according to Ellen Gracie.
     
    (I'm still reading, I will complete it later)
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 07:44:11 PM
    Quote from: Caldwell;56392
    Thanks. I just hope that is not necessary, but at this point I hope it is also perceived by the DS as a REAL threat so they take it seriously. I also hope the police have been smart about this and kept track of him the last several days, since last Wednesday.

    The Federal Police is under the administration of the Executive Branch but it follows orders from the Federal Judiciary. One of the roles of the Federal Police is to be the "judiciary police" of the Federal Union.

    That's why, when a warrant is issued by a Federal Judge, the Federal Police has no choice but to act. The name for warrant in portuguese is mandado (command).

    The wording of the warrant contains a command addressed by the judge to the officers charged with the execution of the order. Disobedience of that order is a criminal act.

    So, there is no way that the Federal Police can ignore the warrant when one is issued.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 07:48:30 PM
    Quote from: Wendy;56430
    Tunevsk...please?!?  As Caldwell says...can you do poetry with your translation?! LOL!!  Is this a fair summary?


    I have not read everything. But I am impressed by this:

    É preciso enfatizar, em reforço à
    excepcionalidade ora afigurada, que o Supremo Tribunal
    Federal já se manifestou mais de uma vez sobre o tema de
    fundo da presente impetração, seja no habeas corpus n.º
    99.945/RJ (decisão singular), seja no bojo do referendo de
    medida cautelar na ADPF n.º 172/RJ (decisão plenária),
    cujas decisões assentaram o imperativo de observância das
    vias ordinárias como regra essencial para o adequado
    deslinde da controvérsia em análise.
    Portanto, conheço da impetração.
    Vislumbro a presença dos requisitos para o
    deferimento do pedido de liminar neste writ.
    Constata-se dos autos a inadequação da via do
    habeas corpus para revolvimento de matéria de fato já
    decidida por sentença e acórdão de mérito e para servir
    como sucedâneo recursal.
    Revela-se, ainda, na existência de decisões
    anteriores do STF que apontam para necessidade de efetivo
    cumprimento das decisões de mérito e a impropriedade
    jurídica de seguidas medidas judiciais que provocam tumulto
    processual.


    The paragraph in bold recalls that there are previous decisions by the Supreme Court regarding Sean, all pointing to the "necessity of effective execution of the decisions rendered on the merits and the legal impropriety of the use of successive legal measures that create procedural tumult".
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Kat on December 22, 2009, 07:49:57 PM
    Quote from: Wendy;56416
    K..I am half in love with you right now but you're killin me here!! Google translator SUX!!  Is he basically saying that it's ridiculous that this has already been ruled upon and that it's come to the lengths that it has and the rule of law had better be followed this time??

    Not exactly. What's he saying is that the court has already ruled, more than once, that appeals outside their correct jurisdiction or appeal courts, or the wrong kind of procedural appeal, should not be accepted.

    That doesn't mean they can't appeal or anything, but that they can't just appeal every little detail and decision to every available court.

    By the way, I'm new here. Hi.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 07:52:37 PM
    Quote from: NormalMom;56435
    Did the ruling contain, or did the Chief Justice issue a federal warrant for his return?


    A warrant will be issued to the police by the judge closer to the ground. In Brazil, as a rule, even when there are appeals, it is the first instance courts that handle the execution of the orders.

    Minister Mendes ordered that communications be issued. One of those will reach the first instance judge who is on duty in the city of Rio de Janeiro during the judicial vacations.

    If you take a look at the webpage relating to David's writ, you see that communications are being prepared and issued right now:

    5124/2009   GABINETE DO SECRETARIO - SEJ   SEÇÃO DE EXPEDIÇÃO   22/12/2009   
    2120/2009   PRESIDENCIA DO STF   GABINETE DO SECRETARIO - SEJ   22/12/2009   22/12/2009
    5418/2009   SEÇÃO DE COMUNICAÇÕES   PRESIDENCIA DO STF   22/12/2009   22/12/2009
    11062/2009   SEÇÃO DE PROCESSOS DIVERSOS   SEÇÃO DE COMUNICAÇÕES   22/12/2009   22/12/2009
    2119/2009   PRESIDENCIA DO STF   SEÇÃO DE PROCESSOS DIVERSOS   22/12/2009   22/12/2009
    11033/2009   SEÇÃO DE PROCESSOS DIVERSOS   PRESIDENCIA DO STF   21/12/2009   21/12/2009
    2105/2009   PRESIDENCIA DO STF   SEÇÃO DE PROCESSOS DIVERSOS   21/12/2009   21/12/2009
    11021/2009   SEÇÃO DE PROCESSOS DIVERSOS   PRESIDENCIA DO STF   21/12/2009   21/12/2009
    2904/2009   GABINETE MINISTRO CEZAR PELUSO   SEÇÃO DE PROCESSOS DIVERSOS   21/12/2009   21/12/2009
    17329/2009   SEÇÃO DE PREVENÇÃO E DISTRIBUIÇÃO   GABINETE MINISTRO CEZAR PELUSO   18/12/2009   21/12/2009
    3715/2009   COSTURA DA DISTRIBUICAO   SEÇÃO DE PREVENÇÃO E DISTRIBUIÇÃO   18/12/2009   18/12/2009
    17327/2009   SEÇÃO DE PREVENÇÃO E DISTRIBUIÇÃO   COSTURA DA DISTRIBUICAO   18/12/2009   18/12/2009
    10305/2009   SEÇÃO DE RECEBIMENTO E AUTUAÇÃO DE PROCESSOS   SEÇÃO DE PREVENÇÃO E DISTRIBUIÇÃO   18/12/2009   18/12/2009
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 07:53:09 PM
    I liked this part:
     
    Ao mesmo tempo, evidencia-se a ocorrência de dano
    inverso, na medida em que a impetrante demonstra a alta
    possibilidade de efeito negativo e multiplicador da
    manutenção da decisão impugnada em relação aos demais
    cidadãos brasileiros que se valem do Tratado para
    reivindicar a assistência jurídica internacional – que
    poderá ser negada por outros países, dada a relevância do
    princípio da reciprocidade como vetor interpretativo
    central nesses casos.
     
    In short, he is saying that all of this (the wrong use of procedural measures) would harm brazilian citizens affairs who are requesting foreing assistance on their Hague cases, due the principle of Reciprocity that rules over International Treaties.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Sashia on December 22, 2009, 07:54:59 PM
    Quote from: Wendy;56447
    Hi Kat and WELCOME!!!
     
    Thanks for the clarification! I LOVE MENDES!! Hell I think I love everyone right now!!

     
    :hug::hug::hug:ME TOO!!!!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 07:55:23 PM
    I wrote a shor summary at the previous pages:
     
    In short (very short!), Gilmar Mendes says (1) Habeas Corpus is completely inadequate to what Silvana is asking, or trying to achieve; (2) there are others procedural measures suitable for what is being asked, and all the others instances decided accordaly; (3) this filling of improprers procedural measures are disturbing the jurisdiction over the main proceeding; (4) the first instance and TRF decided that Sean's opinion is not relevant, due his age and maturity, and this issue can not be discussed via Habeas Corpus neither that ADPF, according to Ellen Gracie.
     
    (I'm still reading, I will complete it later)
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Dan_Plainview on December 22, 2009, 08:01:11 PM
    Quote from: Eccaka;56461
    Is the order from Mendes to turn Sean over to David or to the American Embassy? I would think this would be an important distinction; if it's to David the case is being seen as more of a custody issue but if it's to the American Embassy he may be taking the Hague Convention route. There should be less of a case for the evil ones to make if Sean is being returned due to the Hague (is that making any sense at all or am I just looking for trouble where it hopefully doesn't exist?)

    He's being returned to his "habitual residence" in the care of his Father ...
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: roger on December 22, 2009, 08:02:36 PM
    Just want to congratulate David, his family and all BSH supporters for the victory of truth, hope, courage, resilience, over an obnoxious sense of entitlement and outright arrogance of this family.

    Today's ruling would not have been possible without the public awareness that jumped this case into the highest levels of the Executive and Legislative Powers of both countries, the media, and in Brazilian Judiciary.

    For those of you worried about Sean's whereabouts and the short trip from the condo to Rio's Tom Jobim International Airport, I am absolutely confident that the Brazilian family will not even dare playing games now.

    I say this for a single reason: as high profile lawyers spanning three generations, and with one of their own having served as a Supreme Court Justice himself, the Lins e Silva clan is absolutely aware of the huge reputation damage in the legal community if they even try to obstruct enforcement of a decision by the Chief Justice of the Brazilian Supreme Court.

    They will not run this risk. No way. The time has come for them to leave Grandma Ribeiro in the cold.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: five4me on December 22, 2009, 08:04:26 PM
    Quote from: Eccaka;56461
    Is the order from Mendes to turn Sean over to David or to the American Embassy? I would think this would be an important distinction; if it's to David the case is being seen as more of a custody issue but if it's to the American Embassy he may be taking the Hague Convention route. There should be less of a case for the evil ones to make if Sean is being returned due to the Hague (is that making any sense at all or am I just looking for trouble where it hopefully doesn't exist?)

    Wasn't the lower court ruling that Sean would be turned over at the Embassy?  Isn't that the ruling that was put back into effect today?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ChristineS on December 22, 2009, 08:06:14 PM
    Thank you Roger.
    I also am very confident that Sean will be safely and quickly turned over to his father.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Chuckles on December 22, 2009, 08:06:19 PM
    PLEASE!

    Only post in this thread specific to the case.  No "Yippees" and so forth - go to the other thread for that.

    There are over 1000 people on here trying to get the latest info and this is making it very difficult to separate the wheat from the chaffe.

    Thank you.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: turo on December 22, 2009, 08:06:48 PM
    Just curious who does Tostes represent?  The late husband of Bruna or the Grandmother?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Eccaka on December 22, 2009, 08:07:20 PM
    Quote from: five4me;56477
    Wasn't the lower court ruling that Sean would be turned over at the Embassy?  Isn't that the ruling that was put back into effect today?


    I hope that's the order because that would mean, at least to me, that the judges in Brazil are recognizing this as a Hague case and NOT a simple custody case.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Wendy on December 22, 2009, 08:07:21 PM
    Quote from: turo;56484
    Just curious who does Tostes represent? The late husband of Bruna or the Grandmother?

    Satan!  :cloud:
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Bill33 on December 22, 2009, 08:07:26 PM
    Thank you for sharing your special insight roger!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Kat on December 22, 2009, 08:07:39 PM
    Quote from: turo;56484
    Just curious who does Tostes represent?  The late husband of Bruna or the Grandmother?

    The family as a whole.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: chopchop on December 22, 2009, 08:09:05 PM
    Quote from: roger;56473
    Just want to congratulate David, his family and all BSH supporters for the victory of truth, hope, courage, resilience, over an obnoxious sense of entitlement and outright arrogance of this family.
     
    Today's ruling would not have been possible without the public awareness that jumped this case into the highest levels of the Executive and Legislative Powers of both countries, the media, and in Brazilian Judiciary.
     
    For those of you worried about Sean's whereabouts and the short trip from the condo to Rio's Tom Jobim International Airport, I am absolutely confident that the Brazilian family will not even dare playing games now.
     
    I say this for a single reason: as high profile lawyers spanning three generations, and with one of their own having served as a Supreme Court Justice himself, the Lins e Silva clan is absolutely aware of the huge reputation damage in the legal community if they even try to obstruct enforcement of a decision by the Chief Justice of the Brazilian Supreme Court.
     
    They will not run this risk. No way. The time has come for them to leave Grandma Ribeiro in the cold.

     
    Good to know, karma's a bitch!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Chuckles on December 22, 2009, 08:14:31 PM
    I just moved some 50 posts to the chatter thread.  More off topic posts in this thread are just going to be deleted.

    Please respect the people who are trying to get to the crucial info in this thread by not cluttering it up.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: roger on December 22, 2009, 08:17:14 PM
    Quote from: five4me;56477
    Wasn't the lower court ruling that Sean would be turned over at the Embassy?  Isn't that the ruling that was put back into effect today?

    Exactly. Today's ruling upheld the 3-0 panel decision at the Federal Appellate Court of Rio de Janeiro upholding Judge Pinto's decision.

    We are now back to Judge Pinto's 16th. Federal Court in Rio de Janeiro.

    This court should receive the communication from the Supreme Court and issue a notice to the defendants to bring Sean to the U.S. General Consulate in downtown Rio within 48 (24?) hours, as Judge Pinto had decided.

    The Chief Justice did not enter into any handover details.

    Any handover arrangement that differs from the 48-hour deadline at the U.S. General Consulate in Rio requires David's consent. And I think David's camp is right now thinking about how to handle the handover on, of all days, December 24 and 25!!!
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 08:20:37 PM
    Quote from: roger;56509
    Exactly. Today's ruling upheld the 3-0 panel decision at the Federal Appellate Court of Rio de Janeiro upholding Judge Pinto's decision.

    We are now back to Judge Pinto's 16th. Federal Court in Rio de Janeiro.

    This court should receive the communication from the Supreme Court and issue a notice to the defendants to bring Sean to the U.S. General Consulate in downtown Rio within 48 (24?) hours, as Judge Pinto had decided.

    The Chief Justice did not enter into any handover details.

    Any handover arrangement that differs from the 48-hour deadline at the U.S. General Consulate in Rio requires David's consent. And I think David's camp is right now thinking about how to handle the handover on, of all days, December 24 and 25!!!


    Yes, the only difference is that TRF-2 eliminated the "adaptation period" before travel to the United States that Judge Pinto had established. And they eliminated that adaptation because, thanks to the agreement reached before STJ's justice Salomão, Sean and David have already met sometimes, which rendered adaptation before travel unnecessary. So TRF-2 requires spontaneous delivery in 48 hours, and, if that fails, forced delivery with the issue of a warrant of search and seizure to be executed by the federal police.

    Given that it eliminated the adaptation period, TRF-2's judgement, now restored to force, authorizes travel to America as soon as the boy is delivered, spontaneously or by force, to the American Consulate in Rio.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: five4me on December 22, 2009, 08:23:15 PM
    Quote from: roger;56509
    The Chief Justice did not enter into any handover details.

    He didn't need to because it was all spelled out by Pinto back in June, correct?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Tunevsk on December 22, 2009, 08:24:29 PM
    Quote from: five4me;56521
    He didn't need to because it was all spelled out by Pinto back in June, correct?

    Yes. Delivery is covered by Pinto's ruling, as slightly changed by TRF-2's ruling.

    The Chief Justice restored the ruling by TRF-2, so that the said ruling what controls what happens next.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Audax on December 22, 2009, 08:31:04 PM
    I'm sitting here, completely paralyzed. I want to be happy and relieved, but am scared to. Especially with some posts saying that Sean's whereabouts are not certain. I would think that officials have kept close surveillance on the compound in the past few days, but I have learned to expect the unexpected with this Brazilian clan (I refuse to call them family).

    Does anyone have more details on this claim that Sean 'ran off'? Silvana will have told him about the ruling in the most brutal manner and thrown a bunch of lies in there too, I am sure.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: margie on December 22, 2009, 08:48:57 PM
    Quote from: Tunevsk;56515
    Yes, the only difference is that TRF-2 eliminated the "adaptation period" before travel to the United States that Judge Pinto had established. And they eliminated that adaptation because, thanks to the agreement reached before STJ's justice Salomão, Sean and David have already met sometimes, which rendered adaptation before travel unnecessary. So TRF-2 requires spontaneous delivery in 48 hours, and, if that fails, forced delivery with the issue of a warrant of search and seizure to be executed by the federal police.

    Given that it eliminated the adaptation period, TRF-2's judgement, now restored to force, authorizes travel to America as soon as the boy is delivered, spontaneously or by force, to the American Consulate in Rio.

    I'm trying to understand this. It sounds like the "Adaption period" (48hrs is it?) has been met but now it requires spontaneous delivery in 48 hrs. sorry but I am confused. I thought it was immediate?

    Margie
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Stan on December 22, 2009, 08:54:02 PM
    Quote from: margie;56574
    I'm trying to understand this. It sounds like the "Adaption period" (48hrs is it?) has been met but now it requires spontaneous delivery in 48 hrs. sorry but I am confused. I thought it was immediate?  Margie


    Ugh.  The child could still be moved or something like that.  So much worry and stress.  Just praying is mostly what we can do for now.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ssmom on December 22, 2009, 08:57:08 PM
    Quote from: margie;56574
    I'm trying to understand this. It sounds like the "Adaption period" (48hrs is it?) has been met but now it requires spontaneous delivery in 48 hrs. sorry but I am confused. I thought it was immediate?

    Margie


    Today's ruling did say "immediate".
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianForJustice on December 22, 2009, 09:02:25 PM
    Quote from: ssmom;56589
    Today's ruling did say "immediate".

    No speculation in this thread, please. Where did you see the word immediate?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: ssmom on December 22, 2009, 09:06:23 PM
    Quote from: BrazilianForJustice;56597
    No speculation in this thread, please. Where did you see the word immediate?


    Check post #350 and #354 in this thread.  I read it here.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: NormalMom on December 22, 2009, 09:07:47 PM
    Quote from: BrazilianForJustice;56597
    No speculation in this thread, please. Where did you see the word immediate?
     Post # 354 in this thread, by Pepe:
    in the portion numbered 6), is the term "imediato".
    I'm sorry I don't know how to post the quoted portion.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 09:13:04 PM
    Quote from: NormalMom;56608
    Post # 354 in this thread, by Pepe:
    in the portion numbered 6), is the term "imediato".
    I'm sorry I don't know how to post the quoted portion.

    Gilmar Mendes used the word "imediato/imediatamente" I belive five or six times, but any of them were used to mean that Sean should return immediately, from now.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: BrazilianForJustice on December 22, 2009, 09:15:21 PM
    Quote from: André Felipe;56614
    Gilmar Mendes used the word "imediato/imediatamente" I belive five or six times, but any of them were used to mean that Sean, from now, should return immediately.
    He was referring to the original decision that determined immediate return. That is not the same as saying that HIS decision required an immediate return. His decision was to uphold a previous decision, not to establish the terms of the return. Correct?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: jtlund on December 22, 2009, 09:19:04 PM
    I'm a family law legal assistant here in MN and am curious:
     
    Is there any point in the process there that they would be held in our equivalent of contempt or failure to comply?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 09:20:35 PM
    Quote from: BrazilianForJustice;56617
    He was referring to the original decision that determined immediate return. That is not the same as saying that HIS decision required an immediate return. His decision was to uphold a previous decision, not to establish the terms of the return. Correct?

    It uphold TRF's previous decision, which ordered the return within 48 hours. But we don't know if it means that they have another 48 hours period, or if the clock continues from the point that Marco Aurelio issued his decision, which would give +- 24 hours for the brazilian family.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: doleary on December 22, 2009, 09:24:12 PM
    Quote from: jtlund;56624
    I'm a family law legal assistant here in MN and am curious:
     
    Is there any point in the process there that they would be held in our equivalent of contempt or failure to comply?
    At the point were the time frame has been exhausted. The return was 48 hours so it would be after that or shorter if they include the time from the ruling to the time that the stay was put in place. Kind of like a stopwatch. However, Anything can happen it is Brazil after all.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: NormalMom on December 22, 2009, 09:26:17 PM
    Quote from: André Felipe;56627
    It uphold TRF's previous decision, which ordered the return within 48 hours. But we don't know if it means that they have another 48 hours period, or if the clock continues from the point that Marco Aurelio issued his decision, which would give +- 24 hours for the brazilian family.

    I have no understanding of why the Chief Justice would neglect to address that, of course, but does anyone know of precedence for instances like this?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: AnotherDad on December 22, 2009, 09:27:24 PM
    Quote from: André Felipe;56627
    It uphold TRF's previous decision, which ordered the return within 48 hours. But we don't know if it means that they have another 48 hours period, or if the clock continues from the point that Marco Aurelio issued his decision, which would give +- 24 hours for the brazilian family.

    Couldn't Tostes try to argue over the handover so it would drag out long enough for him to try something else, meanwhile moving Sean around?
     
    Also, if Granny absconds with Sean, can't LeS just say he didn't know, and Tostes say he isn't responsible for his client's behavior?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 09:28:32 PM
    Quote from: NormalMom;56634
    I have no understanding of why the Chief Justice would neglect to address that, of course, but does anyone know of precedence for instances like this?

    He couldn't. He is just authorized to decide whether on to maintain Marco Aurelio's decision, or to restore TRF's decision.
    He could not give new orders.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: André Felipe on December 22, 2009, 09:33:32 PM
    Quote from: AnotherDad;56636
    Couldn't Tostes try to argue over the handover so it would drag out long enough for him to try something else, meanwhile moving Sean around?
    I didn't understand this question. Handover???
    As I said before, in this thread, somewhere behind, they still can appeal to STJ, this time, using the "normal" procedures, against TRF's decision. They can not use Habeas Corpus for that anymore.
     
    Also, if Granny absconds with Sean, can't LeS just say he didn't know, and Tostes say he isn't responsible for his client's behavior?
    Tostes indeed is not responsible for his client's behavior, but his clients can go to jail if they do this.
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: NormalMom on December 22, 2009, 09:34:04 PM
    Quote from: André Felipe;56637
    He couldn't. He is just authorized to decide whether on to maintain Marco Aurelio's decision, or to restore TRF's decision.
    He could not give new orders.

    Thank you, I understand.
    Is there precedence from any cases similar to this, either foreign or domestic rulings at that judicial level?
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: AnotherDad on December 22, 2009, 09:35:08 PM
    Handover = transfer of possession
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: Bob D'Amico on December 22, 2009, 09:36:58 PM
    Would you men and ladies please move this discussion to the Chatting thread or start a new one before Chuckles gets back and ...... :beatin:
    Title: Re: STF DECISION EXPECTED TODAY 12/22 *NO CHATTING-DECISION UPDATES ONLY!**
    Post by: doleary on December 22, 2009, 09:37:22 PM
    They have to turn Sean over to the US Embassy.  The time frame for that turn over is 48 hours from the time of the ruling minus any time that has already been comsumed if that is how Brazil's law work. Or it could be a restart of the 48 hours which would be Thursday night for me since I live in Kansas. I am overjoyed for David and I know that he is under a great emotional stain waiting to hold Sean again.