Linguagem jurídica e o afastamento da objetividade social

Abstract

This paper refers to the importance of language for the Law, considering it as a tool for operating the law, which must be handled with care and keen. Unfortunately, lawyers, judges, prosecutors and even the law itself use a technical mask, with old-fashioned expressions and exacerbated adjectives, avoiding textual comprehension and moving away its jurisdiction, which is the society itself. Therefore, the motivation of this work is to question the meaning and degree of interpretation by proposing alternatives that favor the clarity of the legal norm and broad understanding by society through the analysis of the language itself and the context in which it is applied concerning the law. For that, we addressed the levels of language and the theory of sociolinguistics and the complexity of legal language, which are evidenced by the historical roots of language elitism in Brazil, as well as the consequence in the present day regarding their understanding. In another moment, the work dealt with the study of legal language through the "Juridiquês" and "latinismo". Consequently, we analyzed the accessibility of legal language, which aims at access to justice through the simplification. For this purpose, a bibliographic review research was carried out in this monograph and works like monographs, books and sentences were analyzed with the aim of identifying complex and difficult texts of the legal language, thus evidencing the difficulty of understanding the legal technical language, commonly known as "Juridiques". As methodological research tool, a questionnaire with 8 interpretative questions related to a sentence was used with the aim of demonstrating the validity of the premise that such a registration of language is only accessible to the specialized public. This demonstrated that the sender must work with language that is adaptable to the audience and in the simplest possible and objective way, mainly in the scenario that Brazil is in, where darkness hangs above the judiciary. And only because of the focus of the simplification of legal language, we will have a more accessible and democratic form of effecting justice.