Banca de DEFESA: Paulo Jorge Silva Santos

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Paulo Jorge Silva Santos
DATE: 25/02/2025
TIME: 15:00
LOCAL: Defesa de tese Paulo Jorge Santos | Microsoft Teams | Ingressar na reunião rápida
TITLE:

THE LEGAL DISCOURSE OF THE STF: FROM THE THEORETICAL IDEAL TO EFFECTIVE JUDICIAL PRACTICE- AN EMPIRICAL ANALYSIS OF THE ARGUMENTATIVE STRATEGIES IN THE HIGHLY RELEVANT JUDGMENTS OF 2023.

KEY WORDS:

Legal discourse; Argumentative strategy; Judicial decision; Empirical legal research

PAGES: 290
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis presents an empirical investigation of the legal discourse of the Brazilian Supreme Court, analyzing the argumentative strategies employed in its 60 most relevant cases of 2023. Through the Grounded Theory methodology, the study reveals a unique discursive pattern: although the Court frequently relies on precedents and doctrines, their use is more focused on building argumentative authority rather than establishing normative coherence with previous decisions. The study also identifies the prevalence of traditional interpretative canons and a notable absence of contemporary argumentative strategies developed over the last five decades, even in cases of high legal complexity and social relevance. The research innovates by transcending the normative and bibliographic approach predominant in Brazilian legal academia. Instead of proposing new theoretical models, it focuses on empirically understanding how the Supreme Court mobilizes its argumentative strategies in practice. The results suggest that the Court's legal discourse, anchored in classical strategies with high interpretative flexibility, may function as a legitimizing instrument for decisions influenced by extra-legal factors, highlighting a tension between formal legal rationality and the practical constraints of the decision-making process. These findings not only illuminate the internal workings of the Supreme Court but also question the effectiveness of traditional, theoretical academic production in influencing judicial practice. The thesis thus proposes a crucial reflection on the gap between theoretical academic production and judicial practice, suggesting the need to broaden investigative horizons towards empirical approaches and intersection with other fields of knowledge. Its findings offer significant contributions to researchers, legal practitioners, and others interested in understanding the predominant argumentative practice in the legal discourse of Brazil's highest court.

COMMITTEE MEMBERS:
Presidente - 2332291 - ALEXANDRE ARAUJO COSTA
Interno - 1647920 - ARGEMIRO CARDOSO MOREIRA MARTINS
Interno - 2132953 - ISAAC COSTA REIS
Externo à Instituição - VALTER MOURA DO CARMO - UFT
Externo à Instituição - VINICIUS SILVA LEMOS - UFAC