This dissertation aims to study the discursive practices of the concretization of article 5º Inciso
LVII, of the CF, in paradigmatic votes of the Federal Supreme Court, focusing on the dispute
of meanings, after all, "the norm is always the meaning attributed to the text". The discursive
practices studied are related to the paradigmatic votes that reveal the dispute of meanings
around the presumption of innocence. The object of analysis of this research are the paradigm
votes, understood as discursive practices that are privileged for scientific observation. The first
is the vote of Reporting Justice Eros Roberto Grau, Habeas Corpus n.º 84.078/2009, and the
second is the vote of Reporting Justice Teori Albino Zavascki, Habeas Corpus n.º
126.292/2016. The discursive practices analyzed in the context of different Supreme Court
rulings represent a discursive shift that defines the meaning and concretion of the presumption
of innocence. The discursive shift is not naïve, occasional. Rather, it must be understood in the
broader movement of ideological and power disputes. The research is situated in a frontier
scientific area, between literature and law, with the purpose of identifying the language
phenomena present in the analyzed legal texts, revealing the ideological and power
commitments that are not explicit in their self-image. In order to succeed in this research, we
make use of methodological references that make it possible to analyze the texts, discourses,
and practices in order to understand the ideological directions taken by the Ministros. Thus, the
methodology is based on Norman Fairclough's Critical Discourse Analysis (CDA), and
Valentin Volóchinov's Philosophy of Language. We rely on CDA because it allows us to
analyze the ideological aspects and the power struggles that can be identified in discourse and
social practices. Valentin Volóchinov favors thinking about the repercussions of the texts and
practices of the Ministers with other spheres of the Brazilian social audience, especially how
these texts are constrained, circulated and consumed under the mediation of the media. Another
fundamental aspect for the research is the correct notion of the Brazilian constitutional reality.
Through the methodological path made possible by the Russian philosopher, we establish other
interdisciplinary dialogues in order to enable the understanding of the subject aspects of the
relationship between media and criminal law; the place of the text and the meanings in the
process of constitutional concretization, and the Brazilian Constitutional Reality. We realize
that the dispute over the meaning of the presumption of innocence takes place not only in the
STF, but also in society and its movements are equally disputing this meaning, which is prior
and leads to normative concretization. Therefore, the normative concretization is far from
having a pure legal nature, it is constructed amidst the disputes that the groups and their
discourses wish to hegemonize.
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