A linguagem jurídica como segregação e o esvaziamento da proteção dos direitos fundamentais

• Ano de defesa: 2022
• Autor(a) principal: Nascimento, Vanderson Rafael
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Mato Grosso; Brasil; Faculdade de Direito (FD); UFMT CUC - Cuiabá; Programa de Pós-Graduação em Direito
• Palavras-chave em Português: Linguagem; Poder; Direito; Dominação; Senso comum teórico; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Language; Power; Right; Domination; Theoretical common sense
• Link de acesso: http://ri.ufmt.br/handle/1/5429

This work starts from the questioning of how the construction of Law has been made to lead to the exclusion and inaccessibility of legal content, which, in our view, continues the reproduction of inequality and insufficient protection of the law. The premise of the work is that the Law needs to be universalized to guarantee the protection of rights, especially since Brazilian society is deeply marked by inequality. The hypothesis pointed out, then, is that legal theoretical common sense in all its forms contributes to the maintenance of a process of illegitimate social domination, especially through language. The general objective of the text is to analyze how the structure of the legal system has been used for the exclusion and denial of rights. Specifically, it aims to question how language contributes to the process of segregation, how power is expressed in illegitimate ways in the legal environment, as well as to criticize how the current theoretical model tends to be insufficient to guarantee fundamental rights, specifically because it leads to the emptying of legal protection. As a methodology, the literature review technique was used, with a specific selection of texts aimed at the critical movement of law, as well as the methodologies of discourse analysis. Furthermore, in the relevant part, a historical analysis was carried out and the hypothetical-deductive method was also used to confirm the narrated hypothesis. As a form of organization, the work has four development chapters, each divided into at least three other sub-themes. Finally, the conclusion obtained was that the practices built and maintained by legal thought, with a focus on theoretical common sense, led to an excluding law in crisis, and the rescue of this segregation permeates both the criticism of legal training and the necessary and adequate awareness of legal actors about the importance of the practical use of arguments accessible to the community, which in the end is the most interested in these processes of forming legal consensus.