Banca de DEFESA: JORGE LUIZ DE MOURA GURGEL DO AMARAL

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : JORGE LUIZ DE MOURA GURGEL DO AMARAL
DATA : 19/03/2019
HORA: 18:00
LOCAL: Escola da Magistratura de Rondônia - Emeron
TÍTULO:

Justice within the reach of all: a proposal to simplify language in civil jurisdiction.

PALAVRAS-CHAVES:

Legal language. Access to justice. Civil jurisdiction. Legal glossary. Communication.

PÁGINAS: 75
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direitos Especiais
RESUMO:

Inspired by a campaign carried out by the Associação dos Magistrados Brasileiros (AMB) in 2005, and basically proposing the simplification of the legal language used in judicial decisions, the proposal of this work intends to go beyond the evident need for this simplification of language, to make it easy for the recipients of judicial decisions to understand how the process is developed and what motivations underlie the decisions, the meaning and the scope of such decisions using understandable reasoning. It was pointed out that, although the different areas of knowledge have a particular technical language, in the law purview this technical discourse seems to have functioned as a factor of exclusion. Thus, justice, including the proposal of solutions to the difficulties of access and humanization of the services it offers, finds in the chosen theme to identify the obstacles and to make the justice system effectively accessible to its users, among the low-income and school-age populations, considering the peculiar vulnerability condition. The problematization consisted of: how to make the Judiciary available to citizens through the simplification of language in civil jurisdiction, and what socioeconomic and cultural obstacles make communication between the Tribunal de Justiça de Rondônia - TJRO and citizens impediments to access to Justice? The general goal is to present how the simplification of language can be an important model for access to justice in order to facilitate a responsible, clear and ethical communication between the Judiciary and citizens. For the development, the following methodological strategies were intended to be implemented: a collection of relevant bibliographic material, with a theoretical basis and/or research foundation, in an interdisciplinary perspective in the study of legal argumentation, communication, language, sentence motivation and contemporary theories of law and access to justice. Then, to propose the final product: the glossary of legal language, containing in it the "translation" in a popular/simple language, which serves as a facilitator for the citizen's understanding of some legal language terms that appear in the case (technical and unknown terms to ordinary citizens). When the glossary is ready, the proposal still extends to the insertion in the site of the TJ-RO; the electronic tool that translates the terms into a usual, easy and accessible language, with the main purpose of making the citizen understand the paths of a case. Therefore, when accessing the process, through the number already established, the interested party just have to place the cursor on the procedure that it will appear the explanation in a usual language. The product meets the need to offer the jurisdictional, who even without legal knowledge will know what is happening with their process. As a result of this, it’s necessary to elaborate the translation of the most common procedures of the TJ-RO judicial processes; thus the citizens can have better access to justice through the simplification of language.

MEMBROS DA BANCA:
Presidente - 1546985 - APARECIDA LUZIA ALZIRA ZUIN
Interno - 972.075.787-68 - VANIA SICILIANO AIETA - PUC - SP
Interno - 2374782 - RICARDO GILSON DA COSTA SILVA
Externo à Instituição - CELSO RODRIGUES - PUC - RS