Interação fictiva como estratégia de estruturação discursiva em audiências de instrução e julgamento na Justiça Federal

Abstract

This research aims to mappping and analyze the linguistic-cognitive mechanisms that trigger the Fictive Interaction (FI) in Brazilian Federal Court Hearings and for this, was adopted as theoretical scope the theories of Fictivity in Talmy (1996, 2000) and Langacker (1999, 2008); the Fictive Interaction in Pascual (2002, 2006, 2014) and Pascual and Sandler (2016) and the Fictive Self-Citation in Rocha (2012, 2013, 2014) In terms of constitution of the corpus, we analyzed three hearings: about “Reduction to the Analogous Condition of the Slave”, about an “Moral Damage" and about a request for "Spouse's Pension". In terms of the methodological approach, we adopted interpretive qualitative analysis, based on Microethnographic analysis passing by Corpus Linguistics (SARDINHA, 2004) and used both of Corpus–Based and Corpus–Driven approaches (TOGNINI-BONELLI, 2001). As relevant findings, the presence of three main fictives patterns was found in the detailed analysis: The Fictive Question (Commentary); The Question-Answer Pattern and Discursive Marker. We also found instances of Fictivity of Representation: Fictive Author, Fictive Defendant and Fictive Witness. Another adding finding was about the questions in the Legal discursive domain, they are presented as gestalts (figure and background) when conceiving the object: sometimes with the purpose of obtaining punctual answers (factual plan), sometimes with the purpose of making comments (fictive plan). In this sense, it was possible to conclude that these alternations provided opportunities to bring new arguments to the scene, elucidating the party’s versions, so that the judge, prosecutor and lawyers coud obtain the oral evidence from the witnesses.