Banca de DEFESA: REBEKA SOUTO BRANDÃO PEREIRA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : REBEKA SOUTO BRANDÃO PEREIRA
DATE: 22/02/2021
TIME: 08:30
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

NORMATIVITY IN ADMINISTRATIVE IMPROBITY AND ITS APPLICABILITY IN JUDICIAL DECISIONS

KEY WORDS:

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

PAGES: 159
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 reasoning produced 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
problematics revolves around normative, cultural issues and the impacts of
improbity on fundamental rights, and in the end, this study seeks to complete a
detail of the cognitive process of the judge in the construction of the argument of the
condemnatory sentence in improbity. The research aims to analyze the normative
content that supports administrative probity in Brazil, highlighting the aspect of
probity as a constitutional legal good to, from then on, carry out a lexical (discourse)
analysis of convictions for acts of improbity, using the program IRAMUTEQ. As
for the methodological procedure, with regard to the second, third and fourth
Chapters, the inductive method was used, using the elaboration of “reasonable
doubts” that, through bibliographic research, doctrines, legislation and scientific
publications were studied with regard to belongs to the problematic - characterizing
the exploratory study. And in the fourth chapter, the qualitative and quantitative
methodology was adopted using the analysis of the sentence of the condemnatory
sentences through the software, for the treatment of the collected data, that is,
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
Externo à Instituição - RICARDO CESAR FERREIRA DUARTE JUNIOR - UNIFACEX