115.2 Legal discourse critical analysis: Deconstruction of normative myth as element of consolidation of the movements fighting for social change

Wednesday, August 1, 2012: 12:45 PM
Faculty of Economics, TBA
Oral Presentation
Rebeca Makowski de Oliveira PRADO , College Social and Humanities Sciences, So Paulo State University , Franca, Brazil
Vinicius ARAJO , Universidade Estadual Paulista , Franca, Brazil
The immanence between discourse and society guide the paper to the interdisciplinary field of interaction between Law and Language beneath perspectives and theoretical-methodological assumptions of Critical Discourse Analysis and Critical Thinking of Law. The paper proposes to verify the interference of the legal-discursive field of the theoretical common sense (abstractions and fallacies of the formal-logical dogmatic) in interfaces and practices of the social movements shaped by ideological acknowledgment effects and rhetoric social persuasion of the "hiper sufficiency" of the legal apparatus (positivization of struggle flags) to social transformation of the Brazilian context. The dialectical-relational approach, belonging to the analysis, will demonstrate how the dominant legal "discursive niche" produces, legitimates and reaffirms relationships in hierarchies of power to ensuring the exclusion, marginalization and maintenance of institutionalized order through emptying and weakening the organization of social movements. The approach will focus special attention to the Landless Workers Movement (MST). Moreover, the critical analysis of the legal discourse will deal with identifying and exposing “the naturalized” on orality, images and normative texts, that are attached and reproduced into the political and socio-cultural context of domination that influences the imagination of equivalence between the textual-regulatory ambit and the real ambit. The perspective of social inequality reveals the political and ideological manipulation perpetrated by the "official (legal) world" starting from the dissimulation and occultation that relies on stereotyped values by institutionalized beliefs of justice, peace, security, democracy and cooperation to build a fictitious reality and a consequent social control of a single "ideal structure of the world" and the maintain of (dis)order.  What concerns the legal discourse fable, it aims to explicit emancipators and democratizing discursive forms of the language in action and of its respectives speakers and interlocutors (human subjects) to allow rethinking the legal beneath the libertarian paradigm, proper of the latin-american aspiration.