A argumentação sobre a prova em vídeo em um processo criminal militar: um estudo de caso

Abstract

This paper aims to verify if the recommendation of Kahan (2009), Sherwin (2011) and Silbey (2008) to the visual literacy of law professionals for the interpretation and assessment of video evidence is pertinent to the Brazilian case. Hence, were analyzed the arguments of the Public Prosecutor, the Public Defender, the Military Judge and the Military Minister rapporteur for the appeal in a military criminal case that was processed in Juiz de Fora/MG’s court. This analysis was based on studies by Silbey (2004) and theoretical reference of Textual Linguistics, especially Koch (1986, 2011, 2015) and Thompson and Hunston (2000). Initially, the literature review on the subject was carried out. Afterwards, through the method of the unitary case study and with support in the qualitative analysis of data, were investigated the argumentative linguistic resources and the direction of the argumentative strength employed. Thus, it was verified the treatment of video evidence regarding admission and valuation, influenced by the nature with which it was considered (demonstrative or substantive), the incidence of the silent witness theory in the interpretive activity and the suitability of these procedural actors in dealing with this evidence in audiovisual format. In the end, after the verification of the recommendation of Kahan, Sherwin and Silbey at the country level, it was suggested to carry out new studies to assist in the audiovisual record interpretation activity. These studies could encompass the analysis of the argumentative structure present in the participants' speech, the investigation of the linguistic-discursive marks in these lines and the multimodal transcription of the video test according to the conventions of the Ethnomethodological Conversation Analysis.