Análise de assunto da informação jurídica: proposta de um modelo de leitura técnica de acórdãos no contexto do controle externo

Abstract

Subject analysis, an essential step for indexing, refers to the identification and selection of concepts in a document. Despite its acknowledged importance, further research on the subject is needed in the literature in Librarianship and Information Science, both in the national and international context. The process of subject analysis is performed through the technical reading of the indexer, who is influenced by variables such as the reader, text and context, and involves the use of cognitive and metacognitive strategies of text comprehension. Thus, in a systematized approach of subject analysis of a judgment, object of this research, it is pertinent to use strategies for exploring the thematic structure of the document, combined with the adoption of questions to facilitate the identification of concepts. In this context, this research addresses subject analysis for the indexation of judgments of Courts of Accounts with the purpose of systematizing the indexer reading and minimizing the subjectivity of the analysis process. The general objective is to provide systematic guidelines and procedures for the indexer for the subject analysis of judgments of Courts of Accounts by developing a reading model to minimize subjectivity in the representation of information. The research is exploratory, with a qualitative and applied approach, and a case study was carried out at the Court of Accounts of the State of Minas Gerais (TCEMG). The research universe consists of the procedural characteristics of the TCEMG and four representative areas of inspection and constitutional competencies of the Courts of Accounts, such as: denunciation, ordinary inspection, accountability of expenses and special accounts. The Technical Reading Model, the product of this research, was designed for the indexer who does not have legal training and it was developed from the analysis of the thematic structure of judgments from Courts of Accounts by observing the inherent peculiarities of the processes of external control, such as the questions asked while reading the document, according to NBR 12676/1992, the conceptual and terminological adaptation of the proposal of subject analysis presented by Guimarães (1994, 2004), as well as the theoretical and conceptual framework of Fujita (2003), Silva (2008), Pimentel (2015), Barbosa Netto and Cunha (2015), and manuals for the indexing of legal documents. The results of the research indicate the importance of a systematized approach for the subject analysis of judgments, since the legal document presents different characteristics from conventional sources of information. The adoption of reading strategies, such as the analysis of the thematic structure of the judgment, combined with questions and the use of categories for subject analysis presented by Guimarães (1994, 2004) were fundamental to achieve the objectives of the research. Further studies should investigate the validation of the model by expert indexers using techniques such as verbal protocol, the user evaluation of the effectiveness of information retrieval when using the model, and the inclusion of other procedural characteristics for analysis.