Banca de DEFESA: MARIANA AIRES ATHAYDE

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : MARIANA AIRES ATHAYDE
DATE: 24/11/2021
TIME: 15:00
LOCAL: virtual
TITLE:

Legal argumentation and literalness: demystifying the idea of a literal limit: an antiessentialist theoretical approach to the functions of literalness in legal discourse

KEY WORDS:

Semantic normativity. Literal limit. Objectivity. Legal argumentation. Burden of argumentation.

PAGES: 120
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Teoria do Direito
SPECIALTY: Teoria Geral do Direito
SUMMARY:

The main objective of this dissertation is to present a notion of non-metaphysical literal limit and propose a way to deal with such a conception from a system of argumentation burden. In Brazilian legal practice, part of court decisions subscribes to literality as an insurmountable limit for decision making. Some pronouncements, however, signal the possibility of overcoming it and there are even those who doctrinally question its existence. In this scenario of dispute for literality, this dissertation seeks, at first, to bring concepts from pragmatics, especially concepts by Wittgenstein, and from theories of argumentation, especially concepts by Alexy, to confirm that the literal limit is contextual, open, and contingent, but objectively existing because it is based on word usage roles. In a second moment, focusing on a necessary approximation for contemporary Law between legal security and concrete justice, elements are proposed so that the literal limit is operationalized in the legal universe as a burden of argumentation, and not as a radical block to the taking of decision. By following this path, this work concludes that the non-metaphysical literal limit must be understood as one of the most important burdens of argumentation, establishing a weight for the reasons that intend to justify a decision removed from the text in the name of concrete justice. Seen in this way, literality manages to restrict decision-making spaces without subjecting the judge to limits that prevent him from dealing with new conflicts, as claimed by the Democratic State of Law.

BANKING MEMBERS:
Interno - 1548876 - ADRUALDO DE LIMA CATAO
Presidente - 1121342 - GEORGE SARMENTO LINS JUNIOR
Externo à Instituição - TORQUATO DA SILVA CASTRO JÚNIOR - UFPE