THE POINT OF VIEW AND ENUNCIATIVE RESPONSIBILITY IN MONOCRATIC DECISIONS RESULTING FROM VIOLENCE AGAINST WOMEN
Points of view. Enunciative responsibility. Legal discourse. Monocratic decision. Violence against women. Male chauvinism in legal discourse.
This research aims to present a study on the categories of analysis of Point of View (POV) and Enunciative Responsibility (ER) in the monocratic decisions handed down by the ministers of the STF, with a view to their decisions on domestic and family violence against women in Brazil. The study sought to identify the voices (POV) and their management by L1/E1 (rapporteur), so that they could present their propositional content and the forms of assumption or non-assumption of RE. The study is based on Textual Linguistics, Discourse Analysis and Enunciative Linguistics, specifically, Textual Discourse Analysis, in Adam (2011, 2017, 2021, 2022), Koch (2011, 2016), Rodrigues et al (2010), Rabatel (2016, 2022), Rodrigues and Marquesi (2021), Rodrigues (2022), Guentchéva (1994), among other scholars in these areas. To process the data using the analytical categories of PDV and RE (the narrated, represented and asserted PDV; the enunciative instances and postures; the assumption and non-assumption – degree of RE), we based the aforementioned study on the qualitative approach and the inductive method, in Marconi and Lakatos (2003), Bortoni-Ricardo (2008), Gerhardt and Silveira (2009), among others, as the legal and social data demanded. The corpus of this research consists of 23 monocratic decisions issued by ministers of the STF, with the time frame from 2007 to 2022 (after law 11.340/2006 – Maria da Penha Law came into effect until the end of the critical period of the pandemic), focusing on cases of violence against women (death, injury, physical, sexual or psychological suffering and moral or patrimonial damage). The results of the research demonstrated how much some judges get involved in the decision-making process, exposing their subjectivity, most of the time, mitigating the crime committed by the man/aggressor, making him the victim, excluding the woman's voice and turn in her defense; in certain situations, the woman is exposed as the one to blame for the violence suffered. The data also showed that the use of subjectivity exposes the various forms of prejudice and sexism against women intertwined in the legal discourse, as well as in society in general. Finally, the data indicated that the PDV managed by L1/E1, in some cases, present the ideologies, beliefs and social and personal interests of those who enunciate them. This management occurs, sometimes attributing the RE to e2 (quase-PEC), when it is not in agreement with the PDV, generally in the report; sometimes assuming the RE, in the decision, when it is in agreement with the PDV issued.