Dear Madame Secretary,
I'd like to start off by saying I'm a huge fan. I voted for you in the primary by absentee ballot from Brazil, and I was very sad when you lost, but I must say I think you're doing a wonderful job as Secretary of State. I actually met you back in 2007, when I was so starstruck I actually called you Mrs. Clinton, rather than Senator. I still cringe thinking about it.
But getting to the point. I'm writing to you today about the Goldman case, and since you're already familiar with it I'll spare you the background details. What I'd like to do is explain some things you might not already know, or at least explain them more eloquently than in a memo. I'm publishing this letter here only because I am back in the US, since I was repeatedly threatened for writing about the case while in Brazil.
Last night, a Supreme Court judge suspended the STJ's decision to send Sean home. This decision was made after a political party filed an appeal that is similar to a class action suit, in that it is never filed on behalf of an individual, but rather a group that has suffered a grave abuse, one that violates the Brazilian Constitution. The suit was spearheaded by a congressman, a member of said political party, who is close friends with the Lins e Silvas, the family currently holding Sean illegally in Brazil. (I can now say illegally with confidence, as the STJ judge clearly stated this in his decision). So though the law is different there, this is akin to a US state-based court case skipping various required appeal levels to the Supreme Court, in which a class action suit was filed for one person by a family friend of the defendant. In short, it would never happen. But in Brazil, anything can happen if a person has money and power. You can even get away with murder.
After living in Brazil for two years, "I have lived in the monster and I have seen its entrails," to quote Jose Marti. The court system's biggest problem, besides occasional corrupt judges, is the incredible slowness with which it operates, which is due to lack of funding and professionals, too much bureaucracy, and general inefficiency. As you know, the slowness of the courts are largely responsible for bringing this case to the ridiculous point it is now, since there are such huge time gaps between each decision. But this is simply not an adequate excuse for a Hague case, yet it has been used time and time again as a legal defense and as a devastating weapon against David and Sean Goldman. Being dysfunctional is not an acceptable excuse when it comes to a child's life. It's really not an acceptable excuse for anything.
But perhaps the most important point I want to bestow upon you is that Brazilian government and the Brazilian elite make a concerted effort to sweep cases such as this one under the carpet, so that no one else will see. [As you may recall, the Lins e Silvas managed to finagle a Brazilian media ban on the story from October 2008 to February 2009.] Brazil is rife with governmental corruption scandals, extreme abuses of [domestic] environmental law, and urban violence, but the powers that be will do all that is possible to shield such issues from the world. This may seem simplistic, but I really believe that since Portuguese, rather than Spanish or English is spoken in Brazil, some think not as many people are paying attention, simply because they can't understand the language. The powers that be mold and sculpt the images of the country that are exported, focusing on economic growth, Carnival, soccer, keeping it as light and breezy as possible. Though inevitably they can't shield everything from the world, they seem to have an attitude that says, "We can get away with this as long as no one is watching."
So that's where you come in. With this case, the Lins e Silvas are relying on manipulating the legal system to their own advantage, using delays as their major weapon. They know that the international media will lose interest once there's no story, as it has during the long lapses between major decisions, and that the story will eventually melt away into obscurity, leaving them to their own devices to manipulate the system and to keep Sean in Brazil indefinitely. Their assumption is that after this incident "blows over," we will stop watching.
Madame Clinton, I beg of you now as a fellow citizen to make sure that this does not happen. I urge you to travel to Brazil and that you ensure that the Supreme Court rules on this case immediately. Otherwise, the case will drag out for months and maybe even years more, which has actually happened with other Hague cases in Brazil. I'm confident the court will deny the appeal and will rule in favor of Sean's return, but 5 years of the same excuses and loopholes is already beyond ludicrous. Please take a stand on behalf of us that have no voice in Brazil. I'm confident you can be the turning point in getting Sean on that plane.
Yours,
Rachel G.
Good job! This case just keeps infuriating me more and more.
Posted by: Miyaunna Dechelle | June 03, 2009 at 03:36 AM
Isso é uma vergonha pro BRasil.
Lá no meu blog escrevi um pequeno post. Fez muito bem Rachel.
beijinhos,
Posted by: elena | June 03, 2009 at 08:44 AM
I hope you mailed the letter as well. Or at least sent an email. The events are unsurprising but no less upsetting.
Posted by: Alexandra | June 03, 2009 at 09:11 AM
I think Ms. Clinton could help, but having her go to Brazil for this would probably stir anti-American feelings there... which are pretty bad anyway. The US should tread carefully. But Ms. Clinton is a great diplomat, she will know how to proceed in this case
Posted by: Ernest Barteldes | June 03, 2009 at 11:04 AM
Unbelievable turn of events.
I really feel terrible for David Goldman. That is a very well written letter. Let's hope the Brazilian Supreme Court does the right thing.
Posted by: Neil | June 03, 2009 at 12:14 PM
I gotta say, this is the first post I read from you that depicts the Brazil I know with 100% accuracy.
(unfortunately)
Posted by: brazinglish | June 03, 2009 at 01:39 PM
Disgusting. The sadder part is when he gets Sean back, whenever that may be, he will have to attempt to de-brain wash that child. He is most definately being poisoned by the Brazilian "family" members.
Posted by: Holly | June 03, 2009 at 08:57 PM