A construção discursiva da realidade jurídica no Tribunal do Júri: um olhar com as lentes da linguística forense
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Universidade Federal de Goiás
This research is included in the field of Linguistics (Forensics), more specifically in the field of Discourse Analysis (Forensics), since it studies, from a discursive perspective, statements scattered in the world of Law on the simplification of legal language as a means of access to justice, in a relationship with statements that break out in the enunciative practice of social interactions that are established in the Criminal Procedure (before the Jury Court). Our corpus consists of two sets of statements: 1) regular statements scattered in the legal world about the simplification of legal language as a means of access to justice, which isolated and homogenized, resulted in the monument statement “the simplification of legal language is a means of access to justice in the Jury Court”; and 2) statements extracted from the enunciative practice of a Criminal Procedure within the jurisdiction of the Jury Court, processed in a Court of Intentional Crimes Against Life and Jury Court of the District of Goiânia-Goiás. Once the statements are placed in relation, we analyze how the enunciative practice of this judicial process mobilizes the discourse of the simplification of legal language, so that the jurors, as legitimate representatives of the people and judge in fact, have possession of the legal discourse, to, therefore, access justice and apply it, through their votes as members of the Sentencing Council in the jury. The theoretical-methodological orientation for the discursive analysis and for the rational construction of this thesis came from Foucauldian and Bakhtinian studies, as well as from legal doctrines in the field of Criminal Procedure. The lens constituted by these theoretical-methodological contributions, in an approximation, led us to see that the jury is a device of the criminal process and, as such, has its strategies of discursive control. In this way, the statements emerge under conditions of possibility, in this specific case, shaped by the rules of the legal rite, which determine not only what 'what' is said, but 'why' and 'how' something is said in a way and not from another. The utterances have peculiar natures, they are made 'proper' to fulfill the determined ends and, based on the theme and discursive intentions, they determine the choice of words and the way of sequencing these, proper to their constitutive peculiarity. This, in the process, circumscribes a doctrine that links society of legal discourse and operators of Law. Thus, even though the language is simplified in the plenary trial, the juror, in order to have possession of the speech to vote with legal certainty, needs much more than knowing the meaning of the words, analyzing them in the domain of the language. To enter this order of discourse, one must know, in addition to the meaning of the words, all the conditions of possibility of the utterance. What the enunciative practice showed us is that the discourse that the simplification of legal language is a means of access to justice in the Jury Court is configured as another strategy for filling and maintaining the jury, as a device of Criminal Procedural Law.
COSTA, N. R. R. A construção discursiva da realidade jurídica no Tribunal do Júri: um olhar com as lentes da linguística forense. 2022. 362 f. Tese (Doutorado em Letras e Linguística) - Universidade Federal de Goiás, Goiânia, 2022.