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Dissertação
O excesso de formalismo na linguagem jurídica como mecanismo de exclusão da sociedade
The use of a technical language is inherent in each profession and in the legal world it could not be different, even because words are its greatest operational tool. Life in society needs the Law to establish norms, which aim at living in harmony between individuals, for this to occur, it is imp...
Autor principal: | Brilhante, Regina Mota |
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Grau: | Dissertação |
Idioma: | pt_BR |
Publicado em: |
Universidade Federal do Tocantins
2023
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Assuntos: | |
Acesso em linha: |
http://hdl.handle.net/11612/6197 |
Resumo: |
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The use of a technical language is inherent in each profession and in the legal world it could not
be different, even because words are its greatest operational tool. Life in society needs the Law to
establish norms, which aim at living in harmony between individuals, for this to occur, it is
important that there is a democratization of legal language, considering that several factors cause
people to distance themselves from the judiciary . This study aimed to understand the intentionality
of legal formalism as a mechanism for excluding certain parts of society and to show some
obstacles to access to Brazilian justice. We emphasize that the elaborate language serves to
segregate the knowledge of the laws for people who are not part of this universe. In this context,
the research problem proposes to know, in the legal field, what is the pertinence of using clear and
objective language to make communication accessible to all social strata. For this purpose,
bibliographical research and bricolage were used as a technical procedure, addressing topics such
as legal language, access to justice, human rights, simple language, among others. Since as a result,
it remained evident that in the face of social transformations, formalism and language refinement
is inappropriate, while accepting such a practice is to restrict the majority of the population from
understanding their individual guarantees. Also presenting as alternatives to legal formalism and
the end of “juridiquese”, mediation, simple language and visual law (visual law), in search of
recognition of the social function of Justice. |