Memória jurídica : a linguagem processual dos crimes de estrupos, sob a ótica da estilística léxica

AUTOR(ES)
DATA DE PUBLICAÇÃO

2011

RESUMO

This thesis analyzed the processual language of the crimes of rape reported in the County of Cornelio Procopio, from the 1950s until 2001, to identify and describe the use of discourse-stylistic arrangements and as a result, assess its consequences and to check linguistic evolution experienced in this type of discourse. Knowing the historical position of scholars affirming that the legal language is neutral and impersonal, a different perspective was searched, finding it in the typology of Stylistics, by two approaches: one is descriptive, focusing on structures and their functioning in the language system (tied to semantic) and another one, a genetic type (from literary criticism), with which it becomes possible to determine the causes of the functioning of linguistic structures encountered, as well as the genesis of the sentences. In the first case, Lexical Stylistic was particularized, covering elements such as terms of affection, the use of synonyms, figurative language, the prepositive adjective, the level of words, evolutionary aspects of the expression (especially in legal terminology), veiled expressions. As to the genetic approach, we sought to accomplish here the criticism of some judicial decisions of the processes analyzed, demonstrating that mobilization of law also benefits from the analysis of the textual genesis. Considering that the crimes of indecent assault, as described in Article 214 of the Penal Code, have prevailed in the Brazilian legal system throughout the period covered by the analysis, there were several comments about them and, in the sampling, they are all against children younger than 11 years of age. Because, during work, there was a change in the wording of the crimes known as "Against Customs," revoking Article 214, quoted above, and as the processual language is the object of this study, it was made a brief comparison between the previous wording of the articles and the current one, commissioned by Law 12.015 of 07 August 2009. The research found various expressions used for attenuation purposes, and treatment of linguistic taboos, providing clues to the ideology of the legal authorities themselves in his prestigious position in the social context, in their ability to use mechanisms favorable to the condition of power and domination - argumentative wit, ability to observe and to convince the judge. When recording the testimonies of those involved in sex crimes, they put their words in the speech of the parties, even for fear of registering certain terms that could be viewed as indecorous. There appear affection, emotion and subjectivity in the way law enforcement officers perform the coercion of genre when dealing with issues that hurt the victim in their most intimate values. From the evolutionary point of view, it s possible to affirm that if in the past the words recorded in the cases reflected the era and mores of the social moment – the position of women face to the prejudice of one who has been sexually abused, the "remedies" taken for rehabilitation of female honor, such as marriage with the offender, in total disregard to what she herself felt for the accused - now this situation tends to change (it uses the terms Sexual Dignity), but the mitigations and linguistic taboos have evolved little in treatment.

ASSUNTO(S)

análise linguística (linguística) gêneros textuais análise do discurso atentado ao pudor crime sexual estupro linguistic analysis (linguistics) textual genre discourse analysis indecent assault rape

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