ARGUMENTATION IN THE JURY COURT: DEFENSE AND PROSECUTION IN HOMICIDE CASES INVOLVING WOMEN
The premeditated murder of women. Oral Argumentation. Jury Trial. Emotion. Empathy. Point of View. Enunciative Responsibility.
The premeditated murder of women, as an extreme form of gender-based violence, is often driven by hatred, contempt, or possessiveness. In Brazil, this crime has reached alarming rates, reflecting a persistent culture of inequality, machismo, and the normalization of violence against women. While laws such as Maria da Penha (2006) and the Feminicide Law (2015, 2024) represent significant advances, the statistics remain high, highlighting the need for more effective actions. This thesis investigates the discourses of prosecutors and public defenders in oral arguments related to premeditated murders of women, aiming to analyze the construction of viewpoints (PDV), enunciative responsibility (RE), emotion, and empathy within these legal genres. The research, qualitative, interpretive, and inductive, is grounded in the Textual Analysis of Discourses (ATD) methodology, following Adam (2011, 2022), combined with Classical Rhetoric by Aristotle, New Rhetoric by Perelman and Olbrechts-Tyteca (1996), enunciative theories by Rabatel (2016, 2021), emotion theories by Plantin (2011), Micheli (2010), Martineau (2021), and empathy with Rabatel (2013). The corpus consists of oral arguments available on YouTube concerning premeditated murders of women, where the defendant had a trusting relationship with the victim, and the cases had local repercussions. The results show that the structure of the oral arguments follows Aristotle's classical rhetorical framework — Exordium, Narration, Confirmation, and Peroration — ensuring logical and persuasive organization. In the prosecution's speeches, themes related to the fight against domestic violence and the defendant's cruelty predominate, often anchored in emotional and empathetic arguments. In defense speeches, criticism of the prosecutor's morality is emphasized, typically through arguments that exploit doubts, insecurities, and the defendant's condition. Regarding PDV, an assertive stance is dominant in the Exordium, with praise and positive terms aimed at creating empathy with jurors and authorities; in the Narration, a narrated PDV prevails, constructed with past-tense verbs that reconstruct the crime from the perspective of the represented party; in the Confirmation, assertive PDV again predominates, through epistemic modalizers, evaluative lexemes, and adverbs of opinion; and in the Peroration, a strong appeal to pathos is evident, especially from the prosecution, with emotional terms like "justice," "pain," and "suffering." Regarding enunciative responsibility, the most frequent markers include first-person pronouns and verbs, deixis, and modalizers, which help anchor the viewpoint and reinforce the argumentation. Finally, the presence of emotional arguments and empathetic resources was consistently identified on both sides, highlighting distinct persuasive strategies in the argumentative process of oral arguments in the jury court.