The minister of the Special Secretariat on Human Rights (SGDH), of the Presidency of the Republic, Paulo Vannuchi, participated on Wednesday (22) in a public hearing at the Committee on Human Rights and Minorities (CDHM) of the Chamber, in which the situation of the Brazilian boy Sean Goldman was debated. His custody is being claimed by his American father and by his Brazilian stepfather.

The minister stressed that the final decision is up to Brazilian justice, which should decide according to national and international legislation on the matter.

Brazil adhered to the Hague Convention on the international abduction of children. Thus, in addition to Brazilian Law, it is necessary to take into account international legislation.

The Attorney General of the Union, Fernando Luiz Albuquerque Faria, explained that conciliation trials are emphasized at the applying of that Convention, which has been possible in nearly half of the cases in Brazil. In the others, the matter has been forwarded to Judiciary Power.

“Extradition”
The boy Sean Goldman, who is 8 years old, lives in Rio de Janeiro, and his custody is being claimed by the father, the North-American David Goldman. The stepfather of Sean, João Paulo Lins e Silva, has the guard of the boy and wants him to stay in Brazil. Sean was born in the United States and came legally to Brazil with his mother, Bruna Bianchi, four years ago, with the authorization of his father.

In Brazil, Sean’s mother decided not to return and filed for divorce, and remarried later. Bruna Bianchi died last August, during labor of her second son. After her death, Sean’s biological father filed a suit in Brazilian justice to take the boy back to the United States. That would mean an extradition, according to Deputy Marcelo Itagiba (PMDB-RJ), since Sean is a born Brazilian, since he was registered at the Brazilian consulate in the United States.

Consensus
Minister Paulo Vannuchi defended that the best decision will be the one which will result from dialogue and negotiation between the two conflicting parts. For Vannuchi, “in any of the extreme hypotheses - the custody’s award to one of the families, and the exclusion of the other –there will be losses for that child”.

Vannuchi hopes that the Brazilian family and the biological father get to an agreement, so that the two can keep contact with the child.

The child’s interest
Deputy Rita Camata (PMDB-ES), one of those who claimed for the debate, signaled that the Sean’s welfare should be above any interest. "The Child’s and Adolescent’s Act (ECA) is very clear when it ensures that the child’s will, when he/she has is able to manifest his/her opinion, should not be exposed to the public, but has to be considered in a judicial process." Sean has already manifested the desire to stay in Brazil, with the family of his stepfather.

Contradictory
Sean’s Brazilian family’s lawyer, Dr. Sérgio Tostes, stressed that the child came legally to Brazil, and that his mother, and later his stepfather tried repeatedly to keep the custody of the boy at Brazilian justice.

For the lawyer, the “crucial points” on at Convention of The Hague – the permanency at the habitual residency and the greater interest of the child – point out that Sean should stay in Brazil.

Deputy Paes de Lira (PTC – SP) made a enthusiastic defense on David Goldman’s standpoint – simply the father, and not the “biological father” or “American father” of the boy, according to the deputy. He affirmed that there is no allegation, no court decision that has deprived Goldman from parental power. There was a unilateral decision by the mother, and now it is the Brazilian state which is depriving him from his right. “According to natural law, and to Christian tradition, that child should be returned to his father”, affirmed Lira.

Diplomatic dispute
That case has been discussed by authorities from Brazil and from the United States. During his visit to the US, last month, the president Luiz Inácio Lula da Silva declared that that dispute will be decided by the Brazilian courts. That subject was approached during the meeting of Lula and the American president, Barack Obama.

The US States Secretary, Hillary Clinton, has been defending that Sean’s custody be granted to his biological father. US Congress also approved in March two resolutions requesting that the boy be returned to his father. One of them was approved by the senators, on March 24th, and another by the federal deputies, on March 11th.

According to Itamaraty’s representative at the hearing, Leandro Antunes Mariosi, that body should intermediate dialogue between Brazilian and foreign authorities and observe the enforcement of the international obligations assumed by this country. It’s not up to Itamaraty to develop any argument regarding merit. “That body represents the Brazilian State, and not the Executive Power; therefore it will only be able to assume a position after the court decision”, he completed.

In Brazil, that subject was also discussed in a public hearing at the Senate, on March 25th, when several senators defended Sean’s permanency in Brazil.

Report - Karla Alessandra/Rejane Xavier
Editing - Regina Céli Assumpção
Translation – Positive Idiomas Ltda