O Supremo Tribunal Federal como agente tecnocrático no exercício da jurisdição constitucional na solução de casos complexos : análise das ações diretas de inconstitucionalidade nº 3937/SP e nº 3357/RS

Many changes have taken place in contemporary society causing impacts in its different sectors, making it much more complex and insecure than in past times. The alteration on the decision-making system of the Brazilian society is among the main changes today. The post-modern context contributed to the occurrence of the transfer of state power of the Legislative and Executive Powers to the Judiciary Power, specifically to the Federal Court of Justice, leading to an expansion on the actuation range of this institution mainly through the exercise of the constitutional jurisdiction. This has caused a crisis of legitimacy in society once the Court will now decide the political and social fundamental issues. In this scenario, the Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS are highlighted and both are being tried by the Supreme Court. Such emphasis is given, since it is a matter of high complexity and social repercussion that will be decided by a legal institution and not a political one. Thus, this work aims to analyze the role of the Supreme Court in the context of contemporary society on the trial of complex and controversial cases, particularly on the trial of Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS. This study has noticed that due to the post-modern context the majority of the Supreme Court Ministers tend to base their votes in constitutional principles and no longer limit themselves to a formal review of the constitutionality of laws, which indicates a substantialist approach. Moreover, it can be noticed the deliberative potential of the Court as well as the influence of the post-modern features, such as risk, uncertainty and insecurity on the elaboration of the Minister‟s votes. Therefore, sometimes, such as the case in study, the Supreme Court has acted as a technocratic agent in Brazilian society once fundamental political and social decisions for society especially when it comes to complex and controversial cases are being taken by the Supreme Court, which is composed by “Law technicians” and such decisions are mainly based in technical data and scientific studies. For the accomplishment of this work, it has been adopted the inductive approach and monographic procedure method and the bibliographical and documentary research technique.

A objetivação da linguagem no (con)texto do vestibular : mo(vi)mentos na história e no político

In this study, we join up in the theoretical assumptions of the French Discourse Analysis in order to analyze effects of the demand of objectification of language in the context of vestibular essays. More specifically, we analyze the operation of said objectification via discourses constructed by the traditional vestibular exam due to the requirement to have, in the students’ essays, paraphrases of statements from the motivating texts (TM) of the test in question. From our perspective, the objectification mechanism of language, the paraphrase, in the vestibular, its logic of clarity and non-contradiction of ideas, is made by (in)determination of senses in the order of its speech and, also, in its practice: the correction of the vestibular essay. Therefore, in spite of what is assumed as guarantee to language in the moment of the vestibular essay, we suggest there are regularization-recognition conflicts of same senses— the constitutive senses of TM — in the evaluative speech of two vestibular-essay correctors(CA and CB). These correctors, with their history of reading (grammar and Linguistic Textual), stress the concept of paraphrase taken by the vestibular instance for the correction of students’ essays. Such stress creates a dispute of speeches: the speech of knowledge (university policy) versus the speech of produce (neoliberal policy); the latter as reading policy that favors literal meanings, consensus. Because of all this, we question: what are the effects of senses produced in (and about) vestibular essays by the demand of determining of the saying there instituted? To answer this question, we build analysis from clippings of documents that regulate the vestibular exam (institutional texts) in our country and, also, analysis of two vestibular essays in which at times appear, at times not, according to the judgment of CA and CB of essays, paraphrases of TM statements of the essay. The analysis, in theory, punctuates effects of sense of the objectification process of the saying in vestibular, and primarily the rarefaction of legal-position subject-of-knowing by the current institution of the subject-of-making. Moreover, our work comprises affiliations of sense that relates to the subject-speech relationship in evaluative exercise of vestibular essays, on the question of authorship.