As emoções em campo jurídico: o argumento da experiência vivida

Abstract

This article proposes an argumentative and rhetorical study of a judgment in a Second Instance Court in Brazil, in a moral damage case about false-HIV. The text intends to show how the personal experience of a magistrate steps in the formation of the understanding of a sentence. For this, the article traces a research in different forms of rationality (formal logic, informal logic, argumentation in context of interaction), seeking to locate the epistemological field in which the proposed discussion is situated. We discuss yet the construction of rationality in legal territory, pointing out the characteristics of a statement in the field of laws, in addition to discussing Law as fertile territory for the argumentative construction of sentences. In the case study, the paper also presents the “lived experience argument”, which leads us to reflect on how close are the “letter” and the “spirit” of the law. We invited authors like Plantin (2011; 2016), Perelman (1989; 1990; 1999; 2002), Angenot (2008), Doury (2003), among others specifically of the legal territory, to help us in the task of discussing the role of emotions in the texts of the law.