A necessidade do conhecimento pragmático do uso padrão da língua portuguesa para o desempenho profissional profícuo dos bacharéis em Direito

Abstract

This is a thesis whose general objective is to analyze the need for pragmatic knowledge of the standard use of the Portuguese language for the fruitful professional performance of law graduates in the Federative Republic of Brazil, and, as specific objectives, to analyze: a) as the human singularity it unfolds in the processes of socialization and socio-political organization, considering the use of language, memory, processes of tradition and culture; b) how human interactions and associations make use of communication, tradition, culture and Positive Law (PL) for the construction of social and professional identities; c) the professionalization process of law graduates, starting with professional training from the state perspective, covering the panorama of careers and legal training in Brazil, with a critical-reflexive analysis of Opinion CNE / CES nº. 635/2018 and the DCN regarding strategic aspects for the professionalization of law graduates; and d) the PL as a text and the characteristics of the legal language, also considering how the pragmatic knowledge of the standard use of the Portuguese language is seen within the scope of the main legal professions (Advocacy, Magistracy and Public Ministry). Regarding the methodology, it has as its epistemological foundation the Thinking Complex (MORIN) and as a methodological foundation the inter and transdisciplinarity (NICOLESCU); essentially employs the phenomenological method. In the analyzes, it mixes diversified scientific theories that dialogue with the object of research, such as Political Science, Law, Sociology, Anthropology, Neuroscience, Linguistics, Hermeneutics and others. It presents as some of its results: a) the socialization process is not uniform and includes tradition processes specific to each social group, which take place from the biological, political and social singularities that condition them; b) the traditional tradition process of the legal professions results from a long historical construction and includes the process of formation/professionalization and the construction of their professional identity; c) technological and scientific advances, as well as the growing respect for plurality and difference, implied a proportional development of social complexity, conflicts and linguistic variants; d) the role of legal professionals grew in importance and began to demand that they be able to translate individual interests and values into individual linguistic variants into the legitimate and institutionalized linguistic variant throughout the processes of socialization and tradition, capable of standardizing and equalize the manifestations clearly and precisely; e) in Brazil, the main pillar of support for legal professionalization is academic education, the result of the traditional process strongly influenced by the categories of legal professionals, especially by the Order of Attorneys of Brazil (OAB); f) the Brazilian PL establishes that the linguistic variant to be taken as the main reference in its production and application is based on the standard use of the Portuguese language. By way of final considerations: it recognizes that law graduates need pragmatic knowledge of the standard use of the Portuguese language due to the linguistic variant employed in professional practice (essentially through written texts), despite having discrete variations, being essentially regulated by standard norm; this suggests that the typical norm of this linguistic variant can be learned through constant literacy practices and events in its professionalization and performance process.