O juridiquês como formação discursiva de uma comunidade de discurso no meio jurídico e o acesso à justiça: uma análise em decisões judiciais sob a ótica foucaultiana

Abstract

Language and speech are means for the full functioning of the law in Brazil. Through comprehension and knowledge, citizens can have access to their own rights. The right to have rights effectively. However, the discoursive formation (DF) of the legalease, which is utilized by many jurists, complicates the comprehension of this language. The main objective of this research is to problematize the legalease as a discoursive formation of a legal discourse community in terms of the impacts on the access to justice. Our theoretical basis is set in Mauro Cappelletti and Bryan Garth, concerning the access to justice and Michel Foucault on his discoursive studies and archaeology of knowlegde. The scientific methodology was supported by a qualitative approach, documental and bibliographic procedures, with a descriptive-exploratory purpose and basic nature. Starting from the lack of studies regarding the legalease phenomenon, we present a conception to it in this research. This is the basis on which we analyzed 6 (six) legal decisions of the criminal courts of Imperatriz-MA. Our findings showed the high incidence of DF of legalease on corpus: individuals who enunciate focusing on eruditism to the detriment of the legal matter; recurrent linguistic features that hampered the text comprehension, such as latin expressions without definition, excessive technical terms without definition, neologisms, archaisms and very specific connectives. Consequently, there was a low communication commitment to convey knowledge to society in general, in other words, those who do not integrate the legal field. The DF of legalease has demonstrated that it has as the main strategy the exercise of individualistic power of the one who enunciates and, therefore, to nurture a legal discourse community, that is to say to enable that the legal knowledge circulates only on its own field by selecting the individuals who speak and becoming the speech into hermetic. Thus, we concluded that the DF of legalease creats obstacles to achievement of social rights, such as the access to justice and publicity. At the end, we indicated a possible solution to the problem: considering the archaeology of knowledge and the major theme of the production of knowledge to achieve the social change, we purposed to stablish more courses that includes language/speech on the academic degree of law. This solution proposal aims to remedy a gap on the legal education discovered on this research. This is because, in analysis to 26 (twenty six) curricular structures of the law schools on brazilian federal universities, we recognized that only 6 (six) universities have courses with the aim to work the skills of language/reading/writing/speech, even if this is already an orientation of the Ministry of Education (MEC). This linguistic proposal to the legal education can make the future lawyer enter the justice system with a better critical awareness about the use of language.