Análise das técnicas argumentativas da fundamentação do acórdão de cassação do governador e do vice-governador do Maranhão eleitos em 2006

Abstract

Research focuses on the final step of the development of a process, already referred to the superior court trial and judgment; having as general purpose built by the Ministers analyzing the argument to justify their vote, in judicial decision proclaimed by them, reflecting on the extension of the possibilities of thinking decision-making from speech of rationality dialectical-an argument that the new rhetoric Perelman; Tyteca (2005) pulls. The corpus parsed constitutes the judgment 671, issued by the Superior Electoral Tribunal, to ban the diplomas of Governor of Maranhão Jackson Lago and Vice-Governor Luiz Carlos Porto. In the work effectuation, we search second descriptive; objectives, according to the procedures for data collection and information sources, bibliographical and documentary. In the analysis of data obtained in the referred judgment, we adopted qualitative and quantitative approach; as a method of approach we use the inductive method, which gave the logical research databases of the investigation. We based our study in the theory of Perelman’s argument; Tyteca (2005). In relation to the analysis procedures, initially we identified in judgment in the vote of each Minister merit questions; in sequence we identify and analyze the premises of the arguments used by Ministers to ensure that the accession of the auditorium to your decision, from which they may use (facts, truths, presumptions, values and hierarchies) and argumentative (Association techniques and separation) indicated by Perelman. This analysis has enabled us to learn the strategies that the Ministers use in the construction process of reasoning of those legal texts and their effects. With this study it can certify that the Ministers Superior Electoral Tribunal realized a type argument made by Perelman; Tyteca (2005): used arguments almost-logical; the arguments based on the actual structure, establishing links of succession and coexistence connections; and the arguments for the actual structure. It was contested even with the constant recurrence to arguments logic-formal demonstration always been present as the guiding elements of interacting harmonically, balancing and guiding the construction of the argumentative process the votes of Ministers in judgment studied.