Banca de DEFESA: Stefano Cunha Araujo

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Stefano Cunha Araujo
DATE: 27/02/2023
TIME: 08:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWNmMWNmNTAtYzVlNC00ZDJhLWI2NjItNjQyOTg0NDM5M
TITLE:

THE SELF-REFERENTIAL TOPIC OF THE BRAZILIAN SUPREMO TRIBUNAL FEDERAL IN THE LIGHT OF PRESUMPTION OF NON-GUILTY´S JUDICIAL CASES: demonstrating the relationship between “caseness” precedents  and "aimlessly" jurisprudence in the Brazilian Superior Courts.

KEY WORDS:

Self-referential topic. Presumption of non-guilty. Senses of aproppriateness. Proceduralism. Principles theory. Critical hermeneutic.

PAGES: 300
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The doctoral thesis described the jurisprudence of the Supremo Tribunal Federal on the presumption of non-guilty to probe the bases of the discursive incoherence of that Court in dealing with this constitutional right. It was observed that the speeches of the Plenary of the STF were guided by a model of discursive abstraction that neglected the integral confrontation of the complexities of the judicial cases, converting application discourses into justification discourses, which was denominated by the thesis of self-referential topic. It was verified that this model of adjudication is replicated in the other Brazilian Superior Courts, which is structured by a defensive jurisprudence that suffocates the contradictory in those judicial spaces, simplifying the debates through the arbitrary selectivity of fractions of the case, which produces alienation on the discursive analysis of singularities emergent from the application circumstances. The research found that the self-referential topic provides the basis for a discretionary model of adjudication that, in the Brazilian case, surpasses positivist decisionism, as it operates as a decision-making power turned “outside and beyond” the cases circumstances, generating the figure of “caseness precedents”, what encourage the development of “aimless jurisprudences”. The “caseness precedents” created by self-referential topic lead to a model of objectification of jurisprudence, that focuses on the establishment of legal concepts unrelated to the dimension of application discourses, which proves to be philosophically problematic after the linguistic-pragmatic turn. The defense of an alternative model of adjudication, based on critical and concrete hermeneutic, that proceduralizes impartiality in the application dimension, is supported by the thesis as a theoretical response to the problem of judicial discourse´s alienation, verified by the research.

BANKING MEMBERS:
Presidente - 1647920 - ARGEMIRO CARDOSO MOREIRA MARTINS
Interna - 1716148 - CLAUDIA ROSANE ROESLER
Externo à Instituição - CLAUDIO LADEIRA DE OLIVEIRA - UFSC
Interno - 321346 - MENELICK DE CARVALHO NETTO
Externo à Instituição - SERGIO URQUHART DE CADEMARTORI - UniLaSalle