O caráter performático da linguagem judicial

The study that follows, inserted in the field of research related to theories of judicial decision, seeks to reflect, based on a brief bibliographic review, on the performative power of judicial language from the narratives produced in the jurisdiction. Therefore, precepts of sophist philosophy such...

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Bibliographic Details
Main Author: Filho, Paulo Ferrareze
Format: Article
Language:Portuguese
Published: 2022
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8666085
Source:Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 43, Nº. 91, 2022 (Ejemplar dedicado a: Seqüência - Estudos Jurídicos e Políticos (Aberto))
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Summary: The study that follows, inserted in the field of research related to theories of judicial decision, seeks to reflect, based on a brief bibliographic review, on the performative power of judicial language from the narratives produced in the jurisdiction. Therefore, precepts of sophist philosophy such as persuasion and rhetoric are recovered and associated to the narrative aspects of the judicial decision. The objective of the research is to demonstrate, through interdisciplinarity, the fragility of theories of judicial decision that support the hypothesis that it is possible to find normatively correct answers in judicial decisions.