Este artigo feito pela jornalista e roteirista Bernadete Holveri, pode ser encontrado no blog Bola do Tempo, que foi publicado ontem.
Posto a seguir um trecho do artigo e logo após sua tradução ao inglês.
No dia 30 de dezembro de 1976, Evandro Lins e Silva, então com 64 anos, Advogado, Jurista, ministro do Supremo Tribunal Federal de 1963 a 1969, ocupante da cadeira de nº 1 da Academia Brasileira de Letras, acabava de usar a expressão que assombrou muitas mulheres: “legítima defesa da honra”, na defesa de Doca Street, um playboy carioca que assassinou com 4 tiros Angela Diniz, na casa desta em Búzios. Dr. Lins e Silva conseguiu para Doca Street a pena de dois anos com “sursis”, ou seja, em liberdade. Ele provou ao juri que a culpa não era de Doca Street e sim da vítima por ser ela, nas palavras do Advogado e Jurista, uma - "mulher fatal",e este era Doca Street em suas palavras - "Quando a boa índole do criminoso, o seu passado honesto, a qualidade moral e social dos motivos e a forma apenas violenta da execução do crime, seguida de manifestações de arrependimento ou de remorso, mostrarem que o mesmo crime - passional ou emotivo - foi um triste e doloroso episódio na vida normal do criminoso, não há razão para lhe ser aplicada alguma pena, ainda mesmo que não desonrosa. Toda repressão seria inútil e, como tal, iníqua.", ou seja, o homem pode “matar por amor”. (ver http://tinyurl.com/yauk2et ) (....)Para ler o artigo na íntegra, clique aqui. To read the full article in Portuguese, click here.
Em inglês (In English):
On December 30, 1976, Evandro Lins e Silva, then 64 years old, Lawyer, Jurist, Minister of the Supreme Court from 1963 to 1969, chair member number 1 of the Brazilian Academy of Literature, had just used the expression that haunted many women, "legitimate defense of honor", in defense of Dock Street, a playboy from Rio who murdered with 4 shots Angela Diniz, in her house in Búzios. Dr. Lins e Silva managed to get Dock Street a two year probation with "sursis ", that is, in freedom. He proved to the jury that the fault was not Dock's, but the victim because she was, in the words of lawyer and jurist, a - "femme fatale", and that Dock Street was, again, in his own words - "When the good nature of the criminal, his honest past, the social and moral quality of motives and just the violent way of executing a crime, it is followed by expressions of regret or remorse, showing that the same crime - passionate or emotional - was a sad and painful episode in the normal life of the criminal, there is no reason to apply any punishment, even if dishonorable. Any prosecution would be futile and, as such, unjust. " in other words, man can "kill for love." (see http://tinyurl.com/yauk2et )
Years later one of his descendants, João Paulo Lins e Silva, found the right to kidnap Sean Goldman, also for love. He was married to the boy's mother, who died, and basically took the son of his real father, the American David Goldman, and in a relationship very well known, the Stockholm syndrome, tried to make the boy call him father and wrote for all to see that it was he who was in charge of the boy. View http://oglobo.globo.com/rio/ancelmo/dizventura/texto.asp The real father, fighting in the American and Brazilian justice for those 4 ½ years, having to collect money for donations to be able to pay the court costs for he is a common American citizen, without inheritance from father or grandfather, to take his son back, suffered from missing his kid and was exposed by the Brazilian colonized Media, especially in Rio, as a vagabond, a scoundrel. Meanwhile Mr. Lins e Silva walk around in Búzios displaying David Goldman's son as his, because for a Lins e Silva, if you paid, is yours. To that lawyer, grandson of a minister of the Supreme Court, justice is in your hands. He managed to divorce the wife without Goldman's knowledge. She was divorced in Brazil and not in the United States, and our justice gave him custody of the boy Sean Goldman.
He justifies himself: "Immediately after the death of my beloved wife, I went to court to request the temporary custody of Sean, who has looked after by me and with whom I maintained a relationship father - son for over 4 years. I received temporary custody of consent by the State Public Ministry in my favor. "
Of course, the judges had all been students of his grandfather.
A Brazilian court has acted this way for a long time. It is the great power in Brazil. They all bend their knees to the judiciary. We got to the point where the Supreme Court overturn the Press Law, making the free press in a month and keeping censorship to a leading newspaper in Brazil, in Sao Paulo, the following month.
Until when we will allow this?
What shocked me most in Sean Goldman's case was the Media defending the husband's of the dead mother of the boy, even though the Hague Convention is to ensure that these cases do not happen, so that children are not kidnapped from their parents and their countries. The boy is American, born in the United States and was kept here for 4 ½ years without the father's consent because the boy's mother was a successful businesswoman in Rio, and married to a Lins e Silva.
The press made a fool of itself in Sean Goldman's case. Turned public opinion against the boy's father because he's a regular guy and the husband of her dead mother is a wealthy 'carioca' (from Rio) well connected in the judiciary and grandson of a lawyer who considered Angela Diniz guilty for having been killed by Dock Street. The daughter of Angela Diniz, then 12, was the one who suffered most from the death of the mother. I imagine the anger she must have for the lawyer that acquitted the murderer of his mother.
Sean Goldman will grow and become a man. I wonder what he will feel to have been used by unscrupulous people without sense of justice.
This is the Brazil we live in. It seems we are in the 19th century. The ignorance here is what makes us think of patriotic disaffection.