A língua e o direito: uma compreensão de direito a partir de um conceito de língua

• Autor(a) principal: Marinelli Filho, Marco Antonio
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/23394
• topic: Direito - Linguagem; Direito - Filosofia; Hermenêutica (Direito); Law - Language; Law - Philosophy; Law - Interpretation and construction; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The purpose of this dissertation is to demonstrate the possibility and usefulness of affirming the existence of a relationship between language and law. A fundamental relationship, since it can be used as a guide for research and understanding of law. In order to define the concept of language, Ferdinand de Saussure and Louis Hjelmslev were used, whose theories served as a basis for affirming what language is and what language is not. With this definition of language, it was possible to present examples of the relationship between language and law found within linguistics, proposed by Algirdas Julien Greimas, Eric Landowski and Umberto Eco. And also within the philosophy of law it was possible to find examples of relationship, specifically, in the works of Gregório Robles, Clarice von Oertzen de Araujo and Tércio Sampaio Ferraz Junior. The presentation of these examples, taken from two different areas of knowledge, served the intention of demonstrating the possibility of the relationship between language and law, yes, and also the intention of demonstrating the usefulness of its postulation as a precondition for research and for the definition of the law. In all the examples, the relationship identified between language and law has taken on a determining role, either because language served as a paradigm for the definition of law, or because language was classified as the foundation that provides the manifestation of law, or because the language was used as a justification for the method adopted to investigate the law. Therefore, the possibility of the relationship between language and law was proven through examples of some of the possible relationships and brought with it a demonstration of the usefulness of identifying such a relationship as an instrument for the investigation of law