De vítima a vilã: a referenciação a favor do assassino

Abstract

This paper analyzes, on Textual Linguistics, from the theoretical sócio cognitiveinteractionist and discursive perspective of the referential phenomenon of language, the processes of reference and their argumentative effects of sense in the proceedings of a criminal process. It started from the desire to answer these questions: How can referencing lead to a trial in a criminal case of willful homicide? What contribution can the phenomenon of referral bring to the parties to a process that deems a murderer to his own wife? The primary objective was to investigate whether referral processes can contribute to the argumentative line of discourses of the legal universe, specifically those presented in a jury court. The work is justified by the need to study (in the academy) the discursive language in the Law and by the opportunity to demonstrate that having a concern with the selection of discourse objects can greatly favor the line of argument advocated by the lawyer and / or prosecutor , bringing a contribution to the two areas (Linguistics and Law). The analysis takes place in a corpus constituted by the final allegations (textual genre that is part of the criminal proceedings) of the prosecutor and the defense lawyer of a case / crime that was submitted to a popular jury. The interest for this corpus comes from the studies done by the researcher in her graduation (still unfinished) in the course of Law. As a theoretical basis, Apothéloz (2003), Bakhtin (2003), Benveniste (1989, 1991), Koch (2003, 2004, 2005, 2009), Lima and Cavalcante (2013), Marcuschi (2001, 2003, 2005) , 2008), Mondada and Dubois (1995, 2003), among others. A qualitative research was chose, in which one has a greater concern with the process than with the product, so that the greater interest in studying the problem is to see how it manifests itself in the final discourses of a criminal proceedings against life, before the sentence is pronounced. The analysis / description was made of how the referral process can be an ally of legal professionals. The corpus of analysis was constituted by the final allegations of the prosecutor and defense lawyer of the defendant removed from the records of a criminal case of felony murder proceeding in the Paripiranga region, in the interior of Bahia. At the end of the analysis, it was verified that, with referral processes, the murdered went from victim to villain, prevailing the judgment of value worked by the defendant's lawyer. This allows us to affirm precisely what was already the goal at the beginning of this study: that referencing has a power of great importance when it comes especially to texts with persuasive intention, as is the case of the genre that constitutes the criminal process of willful homicide, prepared with the knowledge that the body of jurors Will be formed of people who do not necessarily have legal knowledge, and that therefore what prevails lies in the field of emotions.