Autos da barca do inferno: o discurso narrativo dos participantes da prisão em flagante.

AUTOR(ES)

Daniel Nicory do Prado

DATA DE PUBLICAÇÃO

2009

RESUMO

The aim of this work is to identify the narrative elements of the documents that describe arrests for flagrant offences, especially their structure and the speeches that can be read in it. following the law and literature movement, resources from both legal and literary theories were used, to verify regularities and divergences on a selection of 50 (fifty) cases of arrest for flagrant offences, documented and filed in the prison council of bahia. The law and literature movement was chosen because, since the decline of the positivist paradigm, it became necessary to face reality differently, which legitimates the investigation, in a legal study, of the narrative reconstruction of facts that are daily faced by courts of justice. It is important to say that, when the narrative moments of judicial practice are studied, many problems, once neglected by the scientific community, are revealed. To do so, resources from the narrative theory, specially the structuralism, were combined with legal studies about arrest for flagrant offences in particular and criminal procedure in general. Facing the precedent legal studies with an interdisciplinary focus, some of its conclusions were confirmed, some were refuted, and some were deepened. The cases were selected in order to study the most possible structural and speech diversity, strengthening the use of its conclusions beyond the initial empirical basis. Deepening the commitment of the present work with the law and literature movement, the multiple meanings of the portuguese word auto were emphasized, since it designates both a kind of dramatic text and a kind of official document that registrates acts, such as an arrestment without a warrant. As an allegory, Gil Vicentes auto da barca do inferno (hell boat act) was structurally compared to the registration of arrests for flagrant offences. The narrative structure of these registrations was studied, in order to establish conceptual schemes able to explain the plot, the narrator, the characters, the space and the time of the stories of arrest for flagrant offences. The narrative speech of the people involved in these arrests was also studied, in order to identify the rhetoric resources used by the sheriff, the police officer, the witnesses, the victim and the arrested.

ASSUNTO(S)

direito auto auto estrutura narrativa prisão em flagrante narrative structure arrest for flagrant offences

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