As Modalizações em Sentenças Judiciais: a Ação de Linguagem na Representação dos Mundos Formais

Abstract

This work discusses the enunciative position in court rulings circulated on the Internet by addressing the judge as an agent of discursive formation. We intend to investigate the language activities expressed in the legal decisions, analyzing the language as verbal interaction mechanism, through the identification of subjectivity marks. In proposing this research we were concerned about if judges, authors of judicial decisions, impose in their speeches / texts trademarks of subjectivity that could impair the functionality of court ruling. The data analised in our work were subjected to a bibliographic survey with an interpretative nature, from the subsidies offered by the Applied Linguistics and the Sociodiscursive Interactionism theoretical methodological, especially in studies of Bronckart (1999) and Habermas (1989). The results subsidized inputs in the identification of occurrences of subjectivity marks, respectively with regard to the analysis of modalizations and also in their relation to the representations of the objective, social and / or subjective worlds. For this, we conducted a survey of atypical and personal court rulings broadcasted on the internet court sites to investigate the presence of discursive marks that could bring some semantic load that linked to the enunciative position of the transmitter / broadcaster with his evaluativse representations of the formal worlds. The results point to a personal involvement, discursively marked by the prevalence of appreciative and deontic modalizations, far beyond what is expected in this kind of text, revealing a speaker who breaks The Principle of Judicial Independence and Impartiality from the trial, greatly injuring another cornerstone principle of our Constitution: the dignity of the human being.