Banca de DEFESA: LETÍCIA RAMOS XAVIER RÉGIS

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : LETÍCIA RAMOS XAVIER RÉGIS
DATE: 25/08/2025
TIME: 15:00
LOCAL: SALA A1-04 - FACULDADE DE DIREITO - UnB
TITLE:

BETWEEN DISCOVERY AND JUSTIFICATION: an rhetorical analysis of a declaration of constitutionality of the fake news inquiry

KEY WORDS:

Keywords: Legal rhetoric; Empirical-Rhetorical Analysis of Law; Context of discovery and context of justification; Production and presentation;

PAGES: 95
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation investigates the possibility of fully understanding the decision only from the context of the justification, taking as a case study the decision of the Federal Supreme Court in the Argument for Non-Compliance with a Fundamental Precept 572/DF, which declared the constitutionality of the Fake News Inquiry. It is based on the hypothesis that analyzing the context of the justification alone can produce an interpretation that is not representative of reality; on the other hand, rhetorical theory can better understand the decision, through the concepts of presentation and production. To examine this hypothesis, the Empirical-Rhetorical Analysis of Law methodology is adopted, which allows judicial decisions to be understood as discursive constructions anchored in specific social contexts. The analysis is structured in three parts: the first chapter discusses the rhetorical turn in legal theory and the relevance of pragmatic approaches that consider language as a social practice in the production of judicial decisions. Then, in the second chapter, we critically analyze Atienza's model and defend the centrality of the concepts of production and presentation of the decision text, articulating them with the methodological proposal. Finally, we reconstruct the political context of the decision and carry out a rhetorical analysis of Argument for Non-Compliance with a Fundamental Precept 572. The results show a predominance of pathos elements (46%), followed by ethos (33.8%) and logos (20%). In the end, it is concluded that the decision in the Argument for Non-Compliance with a Fundamental Precept 572 cannot be fully understood by its textual grounds alone, and that it is essential to consider the context of the discovery. In order to interpret how the decision was effectively constructed, it became necessary to investigate the relationships between the actors involved at the time of its production and the political and institutional elements that influenced its formulation.

COMMITTEE MEMBERS:
Externo à Instituição - FREDERICO GONÇALVES CÉZAR - CNI
Interno - 1905321 - GUILHERME SCOTTI RODRIGUES
Presidente - 2132953 - ISAAC COSTA REIS
Interno - 1151990 - MAMEDE SAID MAIA FILHO