A linguagem jurídica da sentença judicial trabalhista

• Autor(a) principal: Namorato, Daniele Simões Solon Soares e Silva
• Data de Publicação: 2019
• 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/22168
• topic: Justiça do trabalho - Brasil; Sentenças (Justiça do trabalho); Direito - Linguagem; Labor courts - Brazil; Judgments (Labor court); Law - Language; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This essay has as its analysis object the language of the judicial labor judgments, with bases on studies of legal, theoretical, doctrinal, jurisprudential and statistical data references about the percentage of litigiousness and sentences rendered in the sphere of Labor Justice, about the discourse genre, including its modes of organization, the sentence genre and the legal language, the studies on argumentation and rationality of the decisions, notably according to studies by Chaïm Perelman and Robert Alexy, since the implementation of the Labor Court in Brazil to the present day, as well as under the bias of the sources of Law, the condition of the sentence procedural act, its modalities, classification, its structural and intelligence requirements and the principles of Labor Procedural Law. Based on these studies, it is analyzed the possible difficulties faced in the judgments interpretation rendered by the Labor Judiciary, according to samples of decisions brought to the present study and which represent obstacles to be faced by the receivers of the jurisdictional provisions. Thus, in this work, it is highlighted the importance of clear and precise language in judicial sentences, moreover as a tool for access to justice. It is verified that the language used in these documents can also exclude those who most need equitable access to Justice, which could be facilitated by the removal of exaggerations and legal eccentricities