A responsabilidade enunciativa na sentença judicial condenatória

Abstract

The Textual Analysis of Discourse has its origin in Text Linguistics and it aims at studying the co(n)text meaning production based on the analysis of concrete texts by offering elements to the understanding of the text as a discourse practice throughout the plans or levels of linguistic analysis. In this perspective, we intend to investigate the enunciative responsibility phenomenon in the sentencing court judgment. To do so, we review the theoretical contributions of Textual Analysis of Discourse (ADAM, 2011) and the Enunciative Linguistics from various authors, among them, Rabatel (1998, 2003, 2004, 2005, 2008, 2009, 2010), Nølke (2001, 2005, 2009, 2013), Nølke, Fløttum and Norén (2004), Guentchéva (1994, 1996) and Guentchéva et al. (1994). In this direction, we investigate the enunciative responsibility through a range that comprises the phenomenon from four gradations, each one with a kind of point of view (PoV) and with links that may mark the assumption or the distance from the point of view. Regarding the legal approach of the thesis, our theoretical anchoring follows several authors, among them, Petri (1994), Soto (2001), Alvarez (2002), Alves (2003), Cornu (2005), Albi (2007), Bittar (2010), Asensio and Polanco (2011), López Samaniego (2006), López Montolío and Samaniego (2008), Montolío (2002, 2010, 2011, 2012, 2013), Sterling (2010), Prieto (2013), Lawrence and Rodrigues (2013) and Rodrigues, Passeggi and Silva Neto (2014). Our corpus is composed of 13 sentences from criminal cases arising from the district of Currais Novos-RN, completed in 2012. The results reveal how the judge, from various enunciative instances, builds the court decision, which allowed us to understand the configuration of (non) assumption of enunciative responsibility in the sentencing court judgment discourse genre. In conclusion, we perceive that the discourse units are envisaged or through the assumption, or the non assumption of PoV by the enunciative instances, what guides the producer organization argumentative text and his (her) communicative purposes. With that, the judge creates and/or modifies values and beliefs, induces and/or guides his (her) interlocutor by being able to demonstrate objectivity and/or preventing his (her) face through the mediated constructions or engage through the assumption of the enunciative responsibility of the propositional content of an utterance. In short, we reaffirm our belief that the (non) assumption of the enunciative responsibility configures as an argumentative mechanism strongly marked by the producer of the text with a view to their communicative purposes. The sentence, therefore, is constructed in this game of taking and/or not taking of statements according to argumentative orientation and the objectives of the text producer.