Language and speech are means for the full functioning of the law in Brazil. Through
comprehension and knowledge, citizens can have access to their own rights. The right to have
rights effectively. However, the discoursive formation (DF) of the legalease, which is utilized
by many jurists, complicates the comprehension of this language. The main objective of this
research is to problematize the legalease as a discoursive formation of a legal discourse
community in terms of the impacts on the access to justice. Our theoretical basis is set in
Mauro Cappelletti and Bryan Garth, concerning the access to justice and Michel Foucault on
his discoursive studies and archaeology of knowlegde. The scientific methodology was
supported by a qualitative approach, documental and bibliographic procedures, with a
descriptive-exploratory purpose and basic nature. Starting from the lack of studies regarding
the legalease phenomenon, we present a conception to it in this research. This is the basis on
which we analyzed 6 (six) legal decisions of the criminal courts of Imperatriz-MA. Our
findings showed the high incidence of DF of legalease on corpus: individuals who enunciate
focusing on eruditism to the detriment of the legal matter; recurrent linguistic features that
hampered the text comprehension, such as latin expressions without definition, excessive
technical terms without definition, neologisms, archaisms and very specific connectives.
Consequently, there was a low communication commitment to convey knowledge to society
in general, in other words, those who do not integrate the legal field. The DF of legalease has
demonstrated that it has as the main strategy the exercise of individualistic power of the one
who enunciates and, therefore, to nurture a legal discourse community, that is to say to enable
that the legal knowledge circulates only on its own field by selecting the individuals who
speak and becoming the speech into hermetic. Thus, we concluded that the DF of legalease
creats obstacles to achievement of social rights, such as the access to justice and publicity. At
the end, we indicated a possible solution to the problem: considering the archaeology of
knowledge and the major theme of the production of knowledge to achieve the social change,
we purposed to stablish more courses that includes language/speech on the academic degree
of law. This solution proposal aims to remedy a gap on the legal education discovered on this
research. This is because, in analysis to 26 (twenty six) curricular structures of the law schools
on brazilian federal universities, we recognized that only 6 (six) universities have courses
with the aim to work the skills of language/reading/writing/speech, even if this is already an
orientation of the Ministry of Education (MEC). This linguistic proposal to the legal
education can make the future lawyer enter the justice system with a better critical awareness
about the use of language.
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