Banca de DEFESA: GERALDO HENRIQUE COSTA BARBOSA DE ALMEIDA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : GERALDO HENRIQUE COSTA BARBOSA DE ALMEIDA
DATE: 16/12/2025
TIME: 10:00
LOCAL: AUDITÓRIO MIROSLAV - FACULDADE DE DIREITO - UnB
TITLE:

TOPICS THEORY OF THE POSITIVATION OF LAW: The legal norm from within its engine room

KEY WORDS:

Legal argumentation; discourse pragmatics; legal topicality; law-positing procedure.

PAGES: 400
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This research examines the argumentation mobilised within the juridically regulated procedure through which law is posited, adopting a topical–pragmatic perspective in order to render visible the tracing of topoi as an analytical instrument for legislative argumentation. In doing so, it seeks to address a recognised lacuna in standard theories of legal argumentation, which have traditionally concentrated on judicial reasoning while devoting comparatively less attention to the argumentative dimension of the creation of positive law. The guiding research problem, accordingly, is to ascertain how the strategic deployment of topoi conditions the construction of legislative problems and the selection among available solutions. An empirical qualitative approach is adopted through the analysis of a corpus comprising twelve federal ordinary statutes enacted in 2022 and 2023 that were subject to a total presidential veto and whose veto was subsequently overturned in full by the National Congress. This methodological delineation makes it possible to observe an entire cycle of heightened institutional conflict and subsequent decisional recomposition. The empirical material derives from the comprehensive collection and systematic organisation of the relevant legislative documentation, including statements of reasons, committee opinions, veto messages and plenary debates. The dataset was inductively segmented into 2,228 units of analysis and used to construct a descriptive inventory of the topoi mobilised. The findings indicate that the legislative process is structured as a dialogical dynamic for managing decisions under conditions of dissensus, in which topoi operate as mechanisms for stabilising expectations and for appraising and reordering competing deliberative priorities. Recurring patterns are identified, including legislative reactions to problems generated within the legal system itself through administrative and judicial interpretations; the centrality of topoi associated with legal certainty, predictability, fiscal responsibility and the coherence of the legal order; the framing of controversies as normative lacunae or hermeneutic distortions; and the prominence of a performative topicality in plenary debates. It is concluded, therefore, that topical analysis is methodologically well-suited to examining the argumentation that structures the agonistics surrounding enacted law, while also offering a methodological contribution by proposing an analytical protocol amenable to replication in future enquiries.

COMMITTEE MEMBERS:
Presidente - 1716148 - CLAUDIA ROSANE ROESLER
Interno - 2332291 - ALEXANDRE ARAUJO COSTA
Externa ao Programa - 1850245 - ROBERTA SIMOES NASCIMENTO - UnBExterno à Instituição - Sergio Daniel Ruiz Díaz Arce - UMinho