O discurso jurídico e suas dimensões: uma análise argumentativa do gênero petição no direito do consumidor.

Abstract

Argumentation has a vast field of study, including in Law, which, through its discourse, tries to convince the judge and other participants in the process to obtain the desired result, transforming legal discourse into one of the most prolific means of persuasion. That said, the objective of this work is to analyze the genre of the discourse petition of consumerist actions and the written discursive techniques employed in the legal genre for the free conviction of the judge in Consumer Law. In order for the objectives of this work to be achieved, the research was based on a qualitative methodology, with the collection and analysis of data that make up a corpus of initial petitions of consumerist actions, in the sense of interpreting and allowing the understanding of the mechanisms associated with the analysis of the arguments legal documents, investigating the values through which they were elaborated and the existence of other discourses within the legal discourse constructed in the petitions. It is known that arguing is the ability to obtain something desired in a cooperative and constructive way, and in Law one cannot live without contact with society. Thus, in legal practice, in addition to establishing links with society to know and win over the audience, it is necessary to involve emotions as a way of persuading those who have the decision-making capacity to obtain a favorable result. The jurist persuades through speech when he shows the truth or what seems to be true, using evidence derived from the speaker's character (ethos) and the emotion aroused by the speaker in the listeners (pathos). The approaches carried out by the lawyers make the author a victim in the contractual relationship in order to develop compassion for the one who was injured, reaching the audience to obtain a favorable decision. In this discursive dynamic, persuasive characteristics are used that characterize the author as the weakest link and a hyposufficient individual in the contractual relationship with the legal entity that owns the commercialized product or service. Thus, Discourse Analysis allows a more critical look in order to provide an analysis of legal petitions, involving not only legislation, but also social, cultural and historical issues, which contribute to the argumentative construction of legal petitions.