Discurso jurídico e poder: exclusão e marginalização na proposta da Reforma da Previdência (PEC 287/2016)

• Autor(a) principal: Silva, Renato Marinzeck da
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/443
• topic: Análise do Discurso; Discurso Jurídico; Exclusão; Reforma da Previdência; CNPQ::LINGUISTICA, LETRAS E ARTES

The legal code is essentially far-fetched, permeated with erudite expressions, with the use of overly cultured grammatical expressions. This finding generates a technical problem in which a portion of the population, notably the most deprived of services and marginalized by the public security forces, does not understand the legal discourse and the language that emanates from it. This research aims to analyze the functioning of the discourse that is constructed through this language format, and which, despite being the way in which legal protection is established for the citizen population, does not contemplate it as a participant in its own protection. In order to do so, we analyzed cuts in the text of the proposal for the reform of social security reform, which was discussed in the National Congress, through the justification of the Proposed Constitutional Amendment (PEC 287/2016). In this corpus, we sought to use the discourse to reduce the effects of the cuts in social security and welfare benefits, affecting the part of the population most dependent on them. We selected excerpts from PEC 287/2016, which were analyzed using the Discourse Analysis method of description and interpretation, not forgetting the archaeological method proposed by Michel Foucault, who assisted in the analytical work, as well as in the entire research design. With the analysis, it was possible to observe the use of legal and political discourse to hide the decrease and loss of rights among the marginalized sections of the population, through language games that guide various effects of meaning contrary to this idea of loss / loss to the beneficiary of social security and welfare benefits. For the government that sponsored the amendment proposal, the maintenance of the social security system passed through the neckline of these rights, on the disguise of modernization of the system. The most fragile and system dependent citizen was faced with an economic problem, which is described as simple numbers and statistics listed in mathematical and actuarial worksheets, ignoring the importance of social security as a protection of human dignity, within constitutional guarantees.