A argumentação no discurso jurídico e a construção das imagens da paternidade em peça processual de reconhecimento de paternidade

Abstract

This work aims at conducting an analysis based on the researches on argumentation, which allows us to identify how paternity is constructed discursively by the subjects involved in the discourse of a lawsuit for acknowledgment of paternity. This study was developed taking into account the prevailing view that the social imaginaries hold a certain father figure and that they also permeate the process of establishment of paternity, discursively represented in the legal discourse. In order to do so, the theoretical approaches of Plantin (2008, 2010), Amossy (2005, 2006, 2007), Ducrot (1987, 2009), Perelman & Olbrechts-Tyteca (1996), among others, were used. Concerning these theoretical contributions, it was intended to understand how the argumentative process is structured and how the use of linguistic-discursive strategies interferes with the discursive production of the legal text producers. We concluded that the male was culturally represented by different forms of socialization, especially by the discursive practices apprehended in the context of the changes in the social representations of the male, as well as by the way in which they were articulated with the social practices, either in the traditional societies, or in the contemporary western ones.