Precisamos falar sobre o direito: um estudo de duas propostas de simplificação da linguagem jurídica no poder judiciário

Abstract

This article aims to contribute to studies on the democratization of legal language, based on the analysis of Bill No. 3326/21 and the National Pact of the Judiciary for Plain Language. Using Document Analysis, the research contextualizes, describes and identifies the core elements of the selected documents. In turn, Content Analysis systematizes the analyzed texts, based on their most recurrent expressions, and corroborates the conclusions obtained by the use of Documentary Analysis. As a theoretical framework, the study uses the contributions of Häberle (2002) and Hesse (1991), who address the constitutional foundations of an accessible legal language. In addition to these authors, the article discusses themes related to language, linguistic variants and their relationship with Law, making use of the contributions of Faraco (2021, 2008) and Fiorin (2013), among others. The results of the research indicate that, although the documents analyzed have a similar aspiration, that is, the expansion of the levels of understanding of the general population, regarding judicial decisions, there is a considerable limitation of scope in Bill No. 3326/21. On the other hand, the National Pact of the Judiciary for Plain Language presents a broader and deeper view of the subject, while proposing a dialogical relationship with civil society, on legal language, which indicates, in principle, a greater potential effectiveness of this proposal.