Precedente sem precedentes: uma análise de decisões colegiadas do Superior Tribunal de Justiça (STJ) à luz da análise crítica do discurso jurídico (ACDJ).

Abstract

This work is inserted in the concentration area of Law, Process and Citizenship, in the research line “Process, Hermeneutics and Effectiveness of Rights”. It is intended for the analysis of judgments of the Superior Court of Justice (STJ), as a textual genre from the Judiciary. Among its functions, the STJ does the harmonization of Brazilian jurisprudence, hence the relevance of the analysis of the decisions rendered by this Court. It is assumed that the decisions of the Court influence others (from the court itself and from lower courts), notably for their role in the uniformity of national jurisprudence in making paradigmatic decisions, especially after the beginning of the Code of Civil Procedure from 2015. The literature review seeks in the legal dogmatic literature support for understanding the theory of judicial precedents. The role of the STJ and its functions are studied, as well as the special resource and its effects. The importance of judicial precedents for the Court itself is investigated by analyzing the results found and comparing them with others. The research, in terms of typology, will be bibliographic and indirect documentary and the methodology employed will have a qualitative explanatory character and will be carried out through the computerized website of the chosen Court, through the application of filters in the computerized search system. The sample of the selected decisions, based on a search with keywords, for the construction of the corpus resulted in attachments A and B, which were classified and categorized (Frames 1 to 4). Within the methodological path proposed from the research line (Language and Law Research Group), the study proceeded to the analysis of the content of the judgments of selected categories, applying to them the Critical Discourse Analysis (ACD) of Anglo-Saxon line that has as theoretical reference Fairclough, supported by Foucault, Bourdieu, Thompson and Colares, seeking in the textual and contextual elements of judicial decisions to identify the general modes of operation of ideology. In the end, its seek to characterize that part of what the STJ (in the studied period) designates as precedents of the court itself as an argument of authority are, in fact, self-empty references of meaning, since the merits of the cases were not effectively judged.