A argumentação na petição inicial

• Autor(a) principal: Lourenço, Maria das Vitórias Nunes Silva
• Data de Publicação: 2008
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFRN
• Texto Completo: https://repositorio.ufrn.br/jspui/handle/123456789/16144
• topic: Direito; Lingüística; Semântica argumentativa; Argumentação; Law; Linguistics; Argumentative semantics; Argument; CNPQ::LINGUISTICA, LETRAS E ARTES::LINGUISTICA::LINGUISTICA APLICADA

This research investigates current sense effects at the use of linguistic resources of the argument in a corpus constituted by juridical pieces (Initial Petitions), that gave opportunity to actions originated from the Civil Special Court of the District of Currais Novos-RN. For this purpose it was established a relation between the Law and the Linguistics, mediated by the focus of the Argumentative Semantics, emphasizing, in a special way, the use of argumentative operators, which inserted in the own language, in its grammar, assume the orientation of the speech and the modalizers use, important mechanisms in the construction of the sense of the text and in the signalling in the way as that that one say is said,. This way, we began the investigation of that gender choosing as study object the section of the facts , that comprehends a part of Initial Petition where is explanted the narration of events that gave margin to the proposal for the Action. In face of the study object and the aim to be reached it was appealed, methodologically, to the notion of Rhetoric since from the classic antiquity to the emergence of the New present Rhetoric in Perelman and Olbrechts-Tyteca (2005) that, at the present time, is inserted in the studies of the Pragmatic connected to the central theses of the Ducrot s thinking (1977, 1980, 1987). Such referential allowed us to a better understanding about the production of the juridical speech on the part of the operators of the Law, as well as, to analyze in way wide the current sense effects from the use of argument linguistic marks the juridical speech. The data showed that such marks are indispensable elements to the construction of the textual web, particularly when in the range of the juridical argumentation, since they direct the speech for certain conclusions. However, we have observed that in the texts produced by the lawyers the use of those linguistic resources not always takes place in an appropriate way. The texts analyzed have also showed that it is possible to unmask, through the linguistic resources, the argumentative strategy employed by the authors for convincing of the magistrate, making evident that language is more than a system of signs, which it makes possible to see beyond the limit of the words and statements. Finally, we have verified that the categories analyzed, when used appropriately, are elements that engender argumentative maneuvers of effectiveness in the juridical text, being fundamental pieces which give argumentative strength the text, making the speech to move forward, not only the juridical, but the speech produced in any domain of the knowledge