Detalhes bibliográficos
| Ano de defesa: |
2017 |
| Autor(a) principal: |
Gomes, Acir de Matos
 |
| Orientador(a): |
Ferreira, Luiz Antonio |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Língua Portuguesa
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| Departamento: |
Faculdade de Filosofia, Comunicação, Letras e Artes
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/19812
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Resumo: |
Every discourse is a rhetorical construction and its purpose is to lead the audience to the adhesion of a direction or point of view. In this sense, language is not objective, but interpretative of reality and endowed with intentionality. Judicial discourse submits to the laws of discourse, the subtleties of language, and is supported by rhetorical acts that are solidly thought out and written in the form of a law. Our general objective is to study, under the concepts of the New Rhetoric, the rhetorical-discursive foundations that led the Federal Supreme Court to modify, through the judgment published on 10/14/2011, in the Electronic Justice Diary n.º 198, in direct action of unconstitutionality n.º 4.277, the understanding of the laws that "prohibited" marriage/stable civil union between people of the same sex and for specific purposes to analyze it by means of the quantitative survey of values, hierarchies and rhetorical places and to reconstruct, through a reflection of a historical nature, the rhetoricdiscursive context of beliefs about homosexual behavior. The methodology focuses on the principles of the New Rhetoric because it is present in interpersonal relationships, allows to verify the argumentative resources used to persuade through the logos, ethos and pathos, and to demonstrate the power that language has to affect values social rights. This research analyzes the rhetorical effects obtained in the written emission of this legal document. The rapporteur gathers the argumentative voices of the other ministers, who, faced with a problematic context, reached conclusions that will remain in the historicity of contemporary man. The existing laws recognize the union between "men and women", but, the "and", in Portuguese is an additive conjunction and not a condition as the "or" alternative. The Federal Supreme Court, aware of the subtleties of the law, as it did not exclude the possibility of marriage or stable union between people of the same sex, "legalized" a new conception of family, established a new “hierarchy” recognizing homo-affective union (neologism for homosexual union) and give the additive conjunction an alternative interpretation. It inaugurates a controversial interpretative intervention and, rhetoric, in the field of problematicity, emphasizes the need for the ministers to guide their interpretations from rhetorical places chosen for the document, even if it, being legal, assumes an authoritarian character, to gain rhetorical efficacy and agreements between the controversial opinions. It revolutionizes the concept of family, changes secular visions and establishes discursive polemics between the various fields of knowledge. As it is shown, the discourse is not an isolated event and it is always in opposition to other discourses. In this research, the hermeneutic function of rhetoric is highlighted. Through the exaltation of values, hierarchies and rhetorical places it is evident how the speaker, during the actio, shows the reality that he interprets, the persuasive resources he deems necessary, the arguments and the evidence to provoke the adhesion of interests with those of the auditorium, little homogeneous, and with secularly settled convictions |
