Entre a voz e a letra : a argumentação nos resumos dos depoimentos judiciais / Between the voice and the letter : argumentation in the summaries of judicial depositions

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

Based on the basic tenet of the Argumentative Semantics, according to which argumentation is enrolled in the language, this study investigates the presence of such argumentative marks in the summary produced by the judge, when converting into text the interrogatory by him conducted, following the rules of the Brazilian procedural system. As for the oral interaction, it disappears from the juridical world, provided that, to the Law, "what is not in the law suit is not in the world". By comparing the oral version (in this research, registered through recording) to the corresponding summary of what the deponent has said, it can be observed that, under its neutral appearance, the document assumes an argumentative aspect, due to the usage of negative and concessive sentences as well as the graduality of words and questions asked in the negative form. In this sense, Ducrot s and Carel s studies regarding the Theory of the Semantic Blocks offer an efficient apparatus for analysis which makes it possible to describe the enrollment of the argumentation in the path from voice to letter. It is a great contribution that the Language Sciences can bring to the Juridical ones, once obtaining the testimony is a crucial moment in the process since the testimony has proof of value, lending itself to substantiate the lawyers final allegations and the judge s decision. The interrogatory is, therefore, a peculiar situation, characterized by the different roles assigned to the judge, who acts first as an inquirer-relator and then, when sentencing, as the one who judges. In this grey area, analysing the judge s language is essential. And the presence of argumentativity in what the deponent has said reveals itself to be dangerous because, deluded about a transparency of language and objectivity of what is taken as a "summary", the professionals in the area are not prepared to observe matters that go beyond the content of the report. Believing to be respecting the pattern of a narrative document started by the ritual formula "when asked, he/she answered that:", the judge argues and (pre)judges, as if he summarized.

ASSUNTO(S)

argumentação termo de depoimento judicial deposition semantic block bloco semantico argumentation

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