Banca de DEFESA: Thays do Carmo Oliveira de Bessa

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Thays do Carmo Oliveira de Bessa
DATE: 22/06/2023
TIME: 09:00
LOCAL: https://meet.google.com/msx-qazz-ahr
TITLE:

"Consequentialism as a defense element of democrac".

KEY WORDS:

Consequentialism. External justification element. Fragility context. Democracy. Prospection. Empirical- rhetorical analysis of the decision. Data analysis. Argumentative implications.

PAGES: 100
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The political and social environment that permeates the state context promotes changes in the judicial argumentative dynamics. These changes impact the justification of a decision and enable the justification to transcend empirical and/or legal dimensions. Therefore, a consequentialist dimension is established, running parallel to the empirical and legal realms, and analyzing the potential prospections emerging from a decision (residual path — an element of external justification). According to an empiricalrhetorical analysis of the decision handed down by the Supremo Tribunal Federal in petition no. 10.543/DF, this consequentialist dimension assumes an utilitarian role in the defense of the democratic rule of law and its related principles. This occurs because prospective thinking is actually an argumentative strategy that aligns with contextual logical and rhetorical parameters (logos and pathos) to strive to uphold democracy. Therefore, this useful purpose gains relevance, and its instrument can be established through a consequentialist argumentative strategy. Given that prospection is based on current contextual perceptions, a data analysis was conducted, which could conclude that in specific circumstances (protests in 2013; beginning of demonstrations regarding the impeachment of then President Dilma in 2015; beginning of the COVID-19 pandemic in 2019; anti-democratic acts in 2023) the terms “democracy”, “rule of law”, and “democratic state” were quantitatively more employed than in other periods. The research was based on decisions of the Supremo Tribunal Federal, both collegiate and monocratic, from 2011 to March 2023, covering the presidential terms of Dilma Rousseff, Michel Elias Temer, Jair Messias Bolsonaro, and the first three months of Luiz Inácio Lula da Silva’s presidency. As a result of these circumstances, which greatly impacted the country, the mention of democratic terms in the supreme court’s decisions intensified, which is, albeit indirectly, associated with the consequentialist and utilitarian scope of safeguarding the democratic state. Thus, whether consciously or unconsciously, consequentialist justifications accompany the contexts in which greater democratic strength is verified, even if the decision is not directly related to these developments.

BANKING MEMBERS:
Presidente - 2332291 - ALEXANDRE ARAUJO COSTA
Externo ao Programa - 1996968 - HENRIQUE ARAUJO COSTA
Externo à Instituição - Henrique Augusto Figueiredo Fulgêncio - ESAGU
Externo à Instituição - Kelton de Oliveira Gomes - PGR