Brasil
| masterThesis
Dispositivos enunciativos construindo a visada argumentativa de advogados de defesa na "sustentação oral" em crimes de homicídios
Fecha
2022-01-27Registro en:
SILVA, Karla Stéphany de Brito. Dispositivos enunciativos construindo a visada argumentativa de advogados de defesa na "sustentação oral" em crimes de homicídios. 2022. 306f. Dissertação (Mestrado em Estudos da Linguagem) - Centro de Ciências Humanas, Letras e Artes, Universidade Federal do Rio Grande do Norte, Natal, 2022.
Autor
Silva, Karla Stéphany de Brito
Resumen
The purpose of this work is to analyze the argumentative value present in the oral submissions
of defense lawyers in homicide crimes and its relation to the convincing of the Jury Trial jurors.
To that end, the study aims to identify, describe, analyze and interpret the arguments in the oral
submissions of criminal lawyers regarding the concept of Point of View (POV), the assumption
of Enunciative Responsibility (ER), the emotion and empathy, from the perspective of the
argumentative claim. Thus, the qualitative interpretive research follows the inductive method
and it is based on the theoretical postulates of Textual Discourse Analysis (TDA), with Adam
(2011), Rodrigues, Passeggi and Silva Neto (2016) and Rodrigues (2017), in dialogue with
linguistic enunciative theories, such as Rabatel (2016), theories of emotion with Plantin (2011),
Martineau (2019), Michelli (2010) and linguistic empathy with Rabatel (2013). The research
follows some well-defined criteria, which are: all cases are about homicide crimes; all cases
concern defendants who have been acquitted; all oral submissions are available on Youtube; it
was deemed necessary to have a case in each of the five regions of Brazil, as well as access to
all acquittal sentences regarding each of the cases. In order to standardize the transcription of
the corpus, which is an oral text, all four oral arguments were transcribed and were adapted in
order to comply with the norms of the NURC (from its Portuguese acronym Norma Urbana
Oral Culta, Urban Oral Cultivated Variety) Project. Due to occurrences presented in the corpus
which differ from the ones marked in the transcription norms of the project, some signs were
added in addition to those foreseen in the NURC. Data analysis points to the following results:
the text planning of the Oral Submissions was similar to the text planning found in Classical
Rhetoric, presenting, however, some peculiarities; in regard to the argumentative sequence, the
occurrence of the justification level was observed in all regions (P.arg1+P.arg2+P.arg3),
whereas the counter-argumentative level occurred in only one region (P.arg 0 and P.arg 4); as
for the assumption of ER, it can be verified, mainly, by the marks of index of persons, spatial
and temporal deixis and modalities, which are present in all submissions; as for the repelling of
ER, it is marked by verbum dicendi, attributing the responsibility for the statement to the
Federal Constitution, the Penal Code, law professors, etc; regarding the POV, it is understood
that its linguistic marks promoted the argumentative orientation of the L1/E1, which must
certainly have influenced directly the final decision of the jurors, presenting an asserted POV
in most of the oral submissions and a reported POV in the narration of the facts; in regard to
the emotional argument, its presence was noted in all submissions and it was marked by
subjective lexemes, in particular, by names of feelings, such as: fear, pain, indignation, regret,
etc; finally, concerning the empathic argument, it was verified as present in almost all the oral
submissions, except for the one observed in the Southeast Region. The most recurrent empathic
arguments were: everyone would act in the same way as the defendant; L1/E1 should consider
the position of the jurors, so as to avoid future regrets; and L1/E1 should consider the feelings
experienced by the victim’s mother.