O paradigma da imparcialidade: um estudo dos modos de operação de ideologias em Acórdãos do Plenário do Supremo Tribunal Federal brasileiro.

• Autor(a) principal: Torres Neto, José Lourenço
• Data de Publicação: 2022
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UNICAP
• Texto Completo: http://tede2.unicap.br:8080/handle/tede/1659
• topic: Teses; Direito - Filosofia; Ideologia; Juízes - Decisões; Theses; Law - Philosophy; Ideology; Judges - Decisions; CIENCIAS SOCIAIS APLICADAS::DIREITO

This thesis observes the modes of operation of ideology that are identified on the textual surface of judgments decided by the Plenary of Brazilian Supreme Court (STF) as a textual genre derived from the Judiciary. The purpose is to describe and understand how their collegiate decisions uses language in a strategic way to establish/hide ideologies through legal dogmas such as neutrality and impartiality. Specifically, the proposed problem is to observe how ideology underlies Brazilian jurisprudence under the mantle of the impartiality paradigm. Our concern establishes as a general objective to demonstrate that judicial decisions are not formed or presented exactly in accordance with the values that seek to legitimize them, because in it we found the manipulation of the meaning of language, in a constitutional system that pretendedly aims to promote justice and legal certainty. The hypothesis to be falsifiable is that: the inculcation of the paradigm of impartiality, present in Brazilian doctrine and procedural legislation, as well as in the basis of judicial decisions, is an ideological concealer of its opposite, partiality. The study is justified because this inculcation establishes a model of impartiality in which the political, legal, and personal fields seem disconnected and deceive society regarding the neutrality of the Judiciary and the impartiality of the judge in guaranteeing their rights and the legal community regarding legal certainty. Moreover, such doctrinal premise and judicial practice also imply the inadmissibility of judges to make decisions based on their ideological values and principles, even though they can be fairer, under penalty of political illegitimacy and legal invalidity. To this end, the analysis observes, from textual and contextual elements of judicial decisions, Thompson's deep-depth hermeneutic modes of operation of ideology, associated with other categories of analysis such as rhetoric initially delimited by Aristotle and developed today by other rhetoricians, like Ballweg and Adeodato, to indicate ideological elements of (in) STF’s decisions. It is a research that in addition to the quantitative cutout of sampling, it is mainly an explanatory qualitative, inductive, bibliographic, and indirect documentary research developed through the computerized site of the Brazilian Supreme Federal Court. It concludes that despite the theoretical formulas, the practice that involves the elaboration of decisions of the Brazilian Judiciary as a way of establishing power and hegemony relations often communicates underlying ideologies as an inseparable part of the production of its utterances.