Banca de QUALIFICAÇÃO: REBEKA SOUTO BRANDÃO PEREIRA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : REBEKA SOUTO BRANDÃO PEREIRA
DATE: 13/11/2020
TIME: 17:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

LEGAL LEXICOMETRY AND THE CONVICTIONS IN ADMINISTRATIVE IMPROBITY

KEY WORDS:

Condemnations. Improbity. Fundamental rights. Lexicometry. Critical Discourse Analysis.

PAGES: 158
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The work investigates the administrative improbity in Brazil and conducts an analysis of convictions in administrative improbity in the State of Rio Grande do Norte in order to explain the aspects of the lexicometric analysis of the discourse in the depreciation grounds by the magistrates. This is a new study in the field of improbity that included the use of the IRAMUTEQ software in the legal area, whose problem revolves around the unveiling of normative, cultural issues, impacts of improbity on fundamental rights and detailing the cognitive process of the judge in training of the argument of the condemnatory decision in improbity. The research has for imposing the fixation of the legal aspects of the administrative improbity in Brazil, of the probity as a constitutional juridical good and also, it makes a lexical analysis in the convictions for act of improbity, producing through the treatment of the data by the IRAMUTEQ, studies of the measurement and mathematization of the possible relationships between the words and concepts contained in the grounds of the condemnatory sentences, to be discussed as relevant appearances of the causes of the improbable acts and as systematizations of the grounds in the sentences. As for the methods, with regard to the second, third and fourth Chapters, the inductive method was used, using the elaboration of “reasonable questionable” that, through bibliographic research, doctrines, legislation and scientific publications were studied in what concerns to the problematic - characterizing the exploratory type study. And in the fourth chapter, the qualitative and quantitative methodology was adopted, using a discourse analysis of the condemnatory sentences through the software, for the treatment of the collected data, which are, sentences chosen at random. From an interdisciplinary guideline, the treatment of primary data took place through Critical Discourse Analysis (ACD), and the analysis of textual statistics, completed the research by means of reasoning and graphical tabulation. The results obtained in the research pointed out: (i) the existence of a good normative basis that tends as a scope the protection in the face of the injuries caused to society and the Public Administration originating from the improper acts; (ii) under the socio-anthropological-legal and doctrinal bias, he pointed out a close relationship between culture, improbity and corruption, demonstrating that the way is a national identity, which justifies and transforms the illegal into legal, in addition to demonstrating how the law itself can be a mechanism for the practice of unrighteous and corrupt acts. In the end, it points out the impacts of administrative improbity in the realization of fundamental rights in an indirect way and in how the cultural context of Brazil favors the formation of a society focused on corruption and; (iii) when performing an analysis of the magistrates' discourse in condemning decisions in actions of administrative improbity, in the analyzed content a concern was evident in the analysis of the specific case, in which the judges sought to typify the acts of impropriety committed, to perform the analysis of the elements objective and subjective, going through the dosimetry of sanctions, which points to a technical cognitive process, with a reasoning of a juridical-pragmatic character in the evaluated sentences. Finally, the study presented was an opportunity to use the lexical analysis program in the legal context, providing an immersion in the judgment of the judge, unveiling his cognitive decision-making process.

BANKING MEMBERS:
Interno - 1254860 - FABRICIO GERMANO ALVES
Presidente - 1497348 - LEONARDO MARTINS
Interna - 1753047 - MARIANA DE SIQUEIRA