Direito e linguagem: uma reflexão sobre a possibilidade de uma linguagem técnico-jurídica e implicações quanto aos sujeitos de direito

Abstract

In the twentieth century the role of language took prominent place in philosophical discussion. In the field of Law linguistic aspects are also relevant, although less explored. In this context this study has asked how legal language is related to the self-understanding of the individualand to its participation in building the public sphere. To reply this question, this thesis considered studies in philosophy of language, law, philosophy, sociolinguistics and some empirical research in other fields. Firstly, the concept of legal language was delimited considering the opposing ideas of the Vienna Circle and of J. L. Austin (representative of the ordinary language philosophy), with special attention to the consequences of this discussion to the development of jurisprudence. Subsequently, the theoretical assumptions concerning the idea of democracy were developed and discussed in respect to the citizens language skills. In this regard the concept of linguistic variation was presented together with the results of previous empirical researches related to the Brazilian populations understanding of the standard language. Finally the ideas established in the first chapters wereconsidered in the context of discussing the relationship between individuals language skills, autonomous development and democratic educational practices.