Direito fundamental: a linguagem jurídica acessível

Abstract

The present study discusses the main reasons that lead to the "crisis of the administration of justice" that plagues the Brazilian legal scene. In order to do so, it seeks to explain the barriers and the movement of access to Justice of the Judiciary, proposed by Cappelletti and Garth, which are: judicial costs, possibility of parties and procedural formalism. However, it is clear that there is also a need to analyze the existing barriers to access to material justice, in its axiological and not merely procedural design. Because of this demand, the work also discusses the obstacles to full justice, in its most basic sense, that is, the communication barrier, as presented by Luciane Fröhlich and Valdeciliana Andrade. This is because the linguistic signs, according to Saussure's theory, assume genuine specificities in the forensic field, because of the open texture caused by ambiguity, vagueness and porosity - according to the theories of Warat, Hart, Ferraz Júnior and Adeodato. Also used is a concept of "dialogism", presented by Bakhtin, who approaches the notion of communication more broadly than the mere transmission of a message, based on the presupposition of a reciprocity in the dialogical interaction processual and legal. For the development of this study, we started with the hypothetical-deductive method and used indirect (bibliographic and documentary) and direct (interviews) research. With regard to documentary research, a judicial labor suit was chosen at random through the electronic judicial process, in which three pieces were considered - petition, challenge and sentence - in order to verify the language exposed to the continuous flow of information . In addition, field research - interviews - was carried out through non-intentional probabilistic sampling, in which nine citizens, with basic education up to the academic level, were able to express their opinion and notions of comprehensibility of the legal pieces . After the analysis, it was observed that the linguistic mechanisms are used as communication barriers of access to justice and not as a way to bring the ordinary citizen closer to the forensic universe. It follows logically that the implicit fundamental right of accessible legal language is a way of materializing other rights, as well as the fundamental duty of the right professionals to enforce it.