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...

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Autor principal: Brilhante, Regina Mota
Grau: Dissertação
Idioma: pt_BR
Publicado em: Universidade Federal do Tocantins 2023
Assuntos:
Acesso em linha: http://hdl.handle.net/11612/6197
Resumo:
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.