ÀS MARGENS DO DISCURSO JURÍDICO: lugar de circulação do dizer em trajetos do sentido pelo sujeito que se revela e se esconde

Abstract

This proposal of investigation of the functioning of the Legal Discourse is based on the interest in the process of signification, which reveals how meaning produces effects in relation to the sayings of the juridical subject in the position of a judge, who, in saying one form and not another, defines the effects of meaning for oneself and for others, in the historical moment, in which this relation between subject-sense is inserted. From this relation, what is evidenced as an inscription is the functioning of Language as a process of constitution of the juridical subject and of the sense by Language and History. The epistemological assumption, which runs through this study, lies in the evident exhaustion of the modern legal model of Positivism and the consequent fragility of the methods of juridical interpretation, which now claim other acts in the symbolic domain, to intervene in the real sense. In this proposal of analysis, which has as corpus, as necessary, a judicial decision as a cut of the legal Discourse, what is important to establish as premise is that interpretation is the possibility of meaning. Thus, in order to substantiate this proposition, it is necessary to develop certain arguments, namely: to demonstrate the conditions of production of the discursive formulation of this juridical statement, to understand the process of its signification; to present the hypothesis that the unconscious goes through a given discursive formation, since an irruptive event, thus dismantling the evidence of the meaning of the juridical discursive formulation; the language is worked as a possibility of juridical interpretation, production of meanings, not being considered an abstract system, but a system interpellated by historicity, which Linguistics, illusory, thinks to erase from the materiality; the discursive subject of the juridical decision put in analysis is called to existence by the ideological interpellation. Finally, the reflection on the Language as a social and historical practice allows to question the discourse of the Principle of Impartiality, treated in the discursive formation of the Brazilian Constitutional Law as a procedural presupposition, as a claimed procedure, in order to construct effects of truth in the legal process. Hence emerges the interest of this research in the assumption that the myth of Impartiality still prevails, strengthening, as discursive knowledge, the dogma of objectivity in the prolatación of judicial decisions. However, what is wanted is to specify that the processes of production of legal discursiveness are constituted by the constant movement of symbolic objects and history and legal interpretation is an issue that does not close because it works in the incompleteness.