Análise textual dos discursos: estrutura composicional, enunciação, argumentação e pragmática em projetos de lei e leis ordinárias

Abstract

Discursive linguistic studies in legal texts stimulate scientific leanings in the language and law interface, with the potential for knowledge of the language in use and the production of possible social effects. Given this, our general objective is to investigate the compositional structure, enunciation, and argumentation in bills and ordinary laws, considering the pragmatic dimension for interpretation. The specific objectives were to identify, describe, analyse, and interpret: a) the text plan and the data's textual sequences; b) enunciative responsibility and polyphonic cohesion in the genres; c) the argumentative orientation of the textual materiality; d) the pragmatic elements mobilised in the texts to understand meanings. In this way, this work is anchored in the theoretical-methodological proposal of Textual Discourse Analysis, with Adam (2011, 2019, 2022), based on the study of levels and categories of its scientific apparatus, supported by Marcuschi (2002), Koch (2001), Rodrigues, Passeggi and Silva Neto (2010, 2014), Cabral (2013, 2015), Marquesi (2014, 2016, 2017), Marquesi, Elias and Cabral (2017), Pinto (2017), Souza (2020) and Rodrigues (2022). From the theoretical point of view of Enunciation, Benveniste (1989), Authier-Revuz (1990), Guentchéva (1994, 1996, 2011), Adam (1997, 2002), Flores (2008, 2011, 2016), Rabatel (2009, 2015, 2016, 2021), Fiorin (2016), Passeggi et al. (2010), Rodrigues (2017), Rodrigues and Marquesi (2021) and the proponents of the Scandinavian Theory of Linguistic Polyphony - ScaPoLine - Nølke, Fløttum and Norén (2001); of Argumentation, Ducrot (1988, 1999), Toulmin (2001), Perelman and OlbrechtsTyteca (2005), Amossy (2005, 2008, 2011), Pinto (2010) and Cavalcante et al. (2020); from Pragmatics, Austin (1962, 1990), Searle (1969, 1976, 1985, 1995a, 1995b), Vanderveken (1985, 1997, 2016), Adam (2020) and Eemeren's Pragma-Dialectics (2004). In methodological terms, this thesis has a qualitative approach, is interpretive in nature, follows the inductive method of analysis, and is exploratory and documentary in nature. The analyses revealed the structure of fixed text plans according to the legislation in force, organised into textual sequences: descriptive, present, especially in the opening and closing statements of the texts; narrative, inserted as arguments in the justifications of the proposals; explanatory, inserted in the projects and laws to support the argument; argumentative, marked in the prototypical sequential arrangements and at the textual macro level, contributing to the argumentative aim of the texts and the communicative purpose of the genres. As a result of the study of enunciation, we understand that the marks of language and voices used in the texts indicate the commitment of the enunciators to the propositional content, analysed on a scale of interpretation that considers expressions of imputation as a minimum commitment and the presence of signatures as situations of maximum adoption by the authors. In light of this, it is understood that these levels of analysis point to the argumentative orientation of statements in the pragmatic dimension of language, favouring an understanding of the performative meaning of legal texts in their context of use. Therefore, bills and ordinary laws represent linguistic manifestations used to formalise intentions that can be used to promote the realisation of guarantees, since it is through language that we establish relationships with performative purposes that can indicate social actions and changes in the legally organised world.