O conservadorismo achacoso da linguagem jurídica

• Ano de defesa: 2018
• Autor(a) principal: Araujo Junior, Claudio Gomes de
• Orientador(a): Bastos, Neusa Maria Oliveira Barbosa
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Presbiteriana Mackenzie
• Palavras-chave em Português: discurso jurídico; análise do discurso; argumentação; ethos; estilo; acesso à justiça
• Área do conhecimento CNPq: CNPQ::LINGUISTICA, LETRAS E ARTES::LINGUISTICA::TEORIA E ANALISE LINGUISTICA
• Link de acesso: http://dspace.mackenzie.br/handle/10899/25517

The review addresses the peculiarities of discourse and legal language. It discusses the question of the conservatism and style of this exacerbated and affected form of expression, and how it affects the communication and the access to justice of the population. We intend to clarify with this paper (our general objectives, therefore) that, although legal discourse changes over the years, legal language does not change at the same rate, which is inconvenient to communication (as act of sharing). From two judgments handed down by the Federal Supreme Court, at different historical moments (one in 1949 and another in 2012), we will demonstrate that more than sixty years were not sufficient for the State to adopt a language that would allow the citizen to understand the object of discussion of these sentences. We did not expect that the vocabulary used would prove to be less rich or more restricted, or that compliance with the rules of language would be softened. But we sincerely hoped that the speech had become more carefully accessible, especially as the Federal Constitution so determines. Our specific objective is not to repudiate metalanguage, nor do we want to see the law expressed by a familiar language (sermo usualis) or popular (sermo prebeius), which are susceptible of relativizing grammatical dispositions and of undesirable ambiguities that are not in favor of communication, but rather to demonstrate that the text can hold a cultured language (sermo eruditus), with adequate vocabulary, technical and highly precise, without alienated the receiver from the communicative act. With the French theoretical basis in the analysis of the discourse, we will reflect on the ethos and style in the corpus chosen to demonstrate that the specialized lexicon have to be respected because the recurrence of multiple-meaning words have an adverse effect on the jurisdiction (jurisdictio: to say the law), not because it removes the supposed divinity of lawyers and judges.