Juizados especiais federais e o acesso à justiça federal no Rio Grande do Norte

This work aims to study the performance of Juizados Especiais Fedrais (JEF) in Rio Grande do Norte and its contribution to the facilitation of access to justice by ordinary citizens. Created in 2001, the JEF looks simplify and reduce the procedural steps and reduce the number of appeals referred to the courts so that justice is possible to provide a more agile. In this sense, are designed to contribute to the democratization of access to justice. In Rio Grande do Norte, the JEF was established and began operating in January 2002, serving in causes civil pension. From 2005, the Court began to receive all types of civil cases and have a virtual system of processing of cases. Among the methodological procedures used in conducting research, highlight the documentary survey in the virtual site of the Federal Justice of RN, to obtain data on the shares tried and sentenced in the years 2005, 2006 and 2007, using the quantitative research. Were also conducted interviews with federal judges, using the qualitative research method. Among the results, we conclude that the Juizado Especial Federal in Rio Grande do Norte is complying with its objective of making justice more accessible and responsive to ordinary citizens, especially the short time that an action leads to the entry in the Court to be given the sentence

A argumentação na petição inicial

This research investigates current sense effects at the use of linguistic resources of the argument in a corpus constituted by juridical pieces (Initial Petitions), that gave opportunity to actions originated from the Civil Special Court of the District of Currais Novos-RN. For this purpose it was established a relation between the Law and the Linguistics, mediated by the focus of the Argumentative Semantics, emphasizing, in a special way, the use of argumentative operators, which inserted in the own language, in its grammar, assume the orientation of the speech and the modalizers use, important mechanisms in the construction of the sense of the text and in the signalling in the way as that that one say is said,. This way, we began the investigation of that gender choosing as study object the section of the facts , that comprehends a part of Initial Petition where is explanted the narration of events that gave margin to the proposal for the Action. In face of the study object and the aim to be reached it was appealed, methodologically, to the notion of Rhetoric since from the classic antiquity to the emergence of the New present Rhetoric in Perelman and Olbrechts-Tyteca (2005) that, at the present time, is inserted in the studies of the Pragmatic connected to the central theses of the Ducrot s thinking (1977, 1980, 1987). Such referential allowed us to a better understanding about the production of the juridical speech on the part of the operators of the Law, as well as, to analyze in way wide the current sense effects from the use of argument linguistic marks the juridical speech. The data showed that such marks are indispensable elements to the construction of the textual web, particularly when in the range of the juridical argumentation, since they direct the speech for certain conclusions. However, we have observed that in the texts produced by the lawyers the use of those linguistic resources not always takes place in an appropriate way. The texts analyzed have also showed that it is possible to unmask, through the linguistic resources, the argumentative strategy employed by the authors for convincing of the magistrate, making evident that language is more than a system of signs, which it makes possible to see beyond the limit of the words and statements. Finally, we have verified that the categories analyzed, when used appropriately, are elements that engender argumentative maneuvers of effectiveness in the juridical text, being fundamental pieces which give argumentative strength the text, making the speech to move forward, not only the juridical, but the speech produced in any domain of the knowledge

A responsabilidade enunciativa na sentença judicial condenatória

The Textual Analysis of Discourse has its origin in Text Linguistics and it aims at studying the co(n)text meaning production based on the analysis of concrete texts by offering elements to the understanding of the text as a discourse practice throughout the plans or levels of linguistic analysis. In this perspective, we intend to investigate the enunciative responsibility phenomenon in the sentencing court judgment. To do so, we review the theoretical contributions of Textual Analysis of Discourse (ADAM, 2011) and the Enunciative Linguistics from various authors, among them, Rabatel (1998, 2003, 2004, 2005, 2008, 2009, 2010), Nølke (2001, 2005, 2009, 2013), Nølke, Fløttum and Norén (2004), Guentchéva (1994, 1996) and Guentchéva et al. (1994). In this direction, we investigate the enunciative responsibility through a range that comprises the phenomenon from four gradations, each one with a kind of point of view (PoV) and with links that may mark the assumption or the distance from the point of view. Regarding the legal approach of the thesis, our theoretical anchoring follows several authors, among them, Petri (1994), Soto (2001), Alvarez (2002), Alves (2003), Cornu (2005), Albi (2007), Bittar (2010), Asensio and Polanco (2011), López Samaniego (2006), López Montolío and Samaniego (2008), Montolío (2002, 2010, 2011, 2012, 2013), Sterling (2010), Prieto (2013), Lawrence and Rodrigues (2013) and Rodrigues, Passeggi and Silva Neto (2014). Our corpus is composed of 13 sentences from criminal cases arising from the district of Currais Novos-RN, completed in 2012. The results reveal how the judge, from various enunciative instances, builds the court decision, which allowed us to understand the configuration of (non) assumption of enunciative responsibility in the sentencing court judgment discourse genre. In conclusion, we perceive that the discourse units are envisaged or through the assumption, or the non assumption of PoV by the enunciative instances, what guides the producer organization argumentative text and his (her) communicative purposes. With that, the judge creates and/or modifies values and beliefs, induces and/or guides his (her) interlocutor by being able to demonstrate objectivity and/or preventing his (her) face through the mediated constructions or engage through the assumption of the enunciative responsibility of the propositional content of an utterance. In short, we reaffirm our belief that the (non) assumption of the enunciative responsibility configures as an argumentative mechanism strongly marked by the producer of the text with a view to their communicative purposes. The sentence, therefore, is constructed in this game of taking and/or not taking of statements according to argumentative orientation and the objectives of the text producer.