O discurso argumentativo em sentenças judiciais

Abstract

This work is the investigation of the argumentative discourse in damning judicial sentences. To identify, describe, analyze and interpret the textual and argumentative aspects, recourse to textual studies on Linguistics (LT) and the categories of analysis of Textual Analysis of the Discourses (ATD) (see Adam, 2011; Soares, Silva Neto, Passeggi, 2010), and the text of the study (Maingueneau, 2001 Marcuschi, 2008), and studies on argumentation (cf. Koch, 2009). It is proposed, therefore, to analyze how the argumentative aspects are discursively constructed in judicial decisions through analysis of categories such as argumentative operators, modalizadoras expressions and, finally, the textual configuration of argumentative sequence. The analysis, methodologically, followed the qualitative approach paradigm (Chizzotti, 1991; Nelson et al, 1992), nature documentary (Severino, 2007) in order to interpret the set of empirical data present in the analyzed texts. In this research, we analyze a corpus formed by a copy of the court judgment genre published in 2012, given by the judge or judge and collected directly from the home page, the trial query field 1st degree, site of the State Court of São Paulo (Id). There is, therefore, which are built in the analyzed corpus, different language marks of argument as resources for textualization and construction of argumentative setting in gender court judgment. These categories allow to reconstruct verbatim the reasoning in these texts. Thus, the analysis points to an argumentative discourse made up of different and varied linguistic brands and argumentative configurations that support the final decision of judging merit.