Palavra autoritária e contrapalavra de autoridade: a (des) cortesia linguística no Julgamento do Mensalão

Abstract

In the constitution of the discourse and the counter-discourse, the interlocutors use several resources, among them: linguistic (dis)politeness. From the use of this, they seek to meet their discursive projects. Thus, studying the discourse and the counter-disciurse from the perspective of linguistic dispoliteness is to understand and verify the importance of the strategies used by legal operators to convince others that their argument is true. Moreover, the rereading of linguistic (dis)politeness from the axiological perspective of the word gives it a social and linguistic value. Therefore, the objective of the research is to investigate the relationship between dispoliteness, dircourse and counter-discourse in the speech of the Judgment of Mensalao. For that, we discuss the dialogic relations of the discursive genre in the legal discourse; we verified the argumentative mechanisms that fulfill an argumentative role in linguistic dispoliteness and finally we analyzed in the votes of Joaquim Barbosa and Ricardo Lewandowski the role of dispoliteness in the constitution of the discourse and counter-discourse of authority in the Mensalao trial. To reach these objectives, we pursue the theoretical-methodological orientation of qualitative research, specifically, in the interpretative, documentary analysis and in the theoretical research for the formation of the authoritarian word and of authority based on the dispoliteness linguistic the votes of Ministers Joaquim Barbosa and Ricardo Lewandowski, in the Judgment of the Mensalao Trial. And we theoretically rely on: Bakhtin (2014, 2017, 2018, 2019, 2020) Cabral (2011); Ducrot (1987, 1994); Fávero (2014); Kerbrat-Orecchioni (2005); Perelman and Olbrechts-Tyteca (2005), Volóshinov (2018, 2019) among others. The results show that the historical and social values that the discourse and the counter-disciurse carry belong to the place of argumentation in the legal discourse. When defending or accusing a defendant, the lawyer or prosecutor chooses words that represent a subject, that is, the description made by the defender or accuser in relation to the defendant moves from the linguistic to the discursive level. Furthermore the use of discursive markers contributed to the construction of the speeches of jurists Joaquim Barbosa and Ricardo Lewandowski, in the Mensalao trial, and the study also represented penetrating a universe in which the speakers' use of linguistic mechanisms constitutes a necessary force to to win the battles in the arena of the Mensalao Judgment and the countless voices raised when votes are proclaimed, that is, civil, political and economic society. Finally, the research also represents a political and democratic act, as it leads the interlocutors to understand the importance of language in the construction of actions to condemn or acquit, as well as the reflection of the result of the criminal action 470 in the reconstruction of the image of the Judiciary, of politics and Brazil before the international and national community.