Banca de DEFESA: ELENICE ROLEMBERG SANTOS

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : ELENICE ROLEMBERG SANTOS
DATE: 26/05/2025
TIME: 15:00
LOCAL: SALA A1-04 - FACULDADE DE DIREITO - UnB
TITLE:

The Construction of the Crime of Racism: A Rhetorical Analysis of the Discourse of the Supreme Federal Court

KEY WORDS:

language; racism; crime of racism; Federal Supreme Court; rhetorical analysis; decisions.

PAGES: 260
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This study aims to analyze the rhetorical construction of the crime of racism in the decisions of the Federal Supreme Court of Brazil (STF), examining how the justices employ different rhetorical strategies to substantiate their votes. The present study is based on the hypothesis that there are identifiable patterns in the way the Federal Supreme Court mobilizes rhetorical strategies to justify its decisions on the crime of racism. The analysis does not seek to classify the decisions into classical categories such as ethos, pathos, or logos, but rather to investigate how rhetorical resources are employed by the justices and whether these patterns have changed over time. The methodology adopted for this research was rhetorical analysis, applied to the construction of a specific corpus. The search was conducted on the Federal Supreme Court’s official website, in the "jurisprudence" section, using the keyword "racism" and restricting the results to court rulings, that is, decisions issued collectively by the Court, as opposed to monocratic decisions. The initial search returned 98 results. After a screening process, irrelevant cases, such as discussions concerning "fiduciary depositors", were excluded, resulting in a final selection of 37 decisions for the study. The selection of decisions was guided by the research objective: to demonstrate how the rhetorical construction of the crime of racism has evolved over the years within the STF. Furthermore, this analysis allows for a better understanding of the Court’s argumentative trajectory and the efforts it made to modify its own interpretations. Initially, the Court’s decisions were heavily based on foreign precedents and the positions of international courts, such as the Inter-American Court of Human Rights. Over time, however, the STF appears to have increasingly relied on its own jurisprudence, grounding its decisions in internally consolidated understandings. Thus, the earlier decisions reveal a scenario marked by tension and a search for external legitimation, whereas the more recent rulings demonstrate a movement toward argumentative autonomy, with the Court increasingly drawing upon its own body of case law.

COMMITTEE MEMBERS:
Presidente - 2132953 - ISAAC COSTA REIS
Interna - 1716148 - CLAUDIA ROSANE ROESLER
Interno - 1151990 - MAMEDE SAID MAIA FILHO
Externo à Instituição - PABLO RICARDO DE LIMA FALCÃO - UPE