Uma análise da complexidade da linguagem jurídica e suas possíveis repercussões

Abstract

Language is a fundamental element of Law, whether in written form in laws, procedural documents and scientific legal texts, or in oral form in arguments, hearings and lectures. However, a certain complexity can be observed in legal language, which makes it difficult to understand, especially for lay people, contributing to a distance between the Law and the population in general. With this in mind, this paper uses the descriptive method to analyze the insufficient regulation of the topic, the elements that cause this greater complexity and the success of Labor Law as a legal field that uses simpler language and procedures. It is important to point out that there is a thematic focus, with the approach only of forensic and scientific legal language, given the understanding that the regulations deserve a specific study. Thus, the objective of this analysis is to encourage the use of less complex legal language, so that Law becomes a more democratic area, does not alienate lay people and is efficient, avoiding the formation of a closed system in which only professionals understand each other. The conclusion of the paper attests to the discreet approach to the importance of clarity in legal language, given the small number of provisions that deal with the topic and that, when they do, do not do so in a complete manner. Furthermore, it is concluded that the elements that guarantee complexity in legal language are divided between those that can be avoided and those that only need to be better explained, given their consolidation in our legal vocabulary. Finally, the influence of Labor Justice on other areas of Law is understood as pertinent, especially with regard to simplifying language and public access.