Argumentaçao jurídica e estratégias retóricas: Uma análise pluridisciplinar de decisões judiciais

This article is focused on theorethical perspectives that highlight the influence of social and historical contexts for the analysis of texts (Bronckart, 1999; Adam, 2017) and on approaches that emphasize the importance of rhetorical aspects to study legal texts (Pinto, 2010; Damele, 2013). Its goal is to analyse how argumentation and some rhetorical strategies are depicted in some legal text genres. It is through the linguistic elements and the formal and normative aspects chosen by the professionals that will be portrayed, on the one hand, an argumentation more ‘rational’ related to the logos; but, on the other hand, more rhetorical, linked to ethos and pathos. With these strategies, the judge may attain his goal: to persuade the community that the thesis he supports is adequate to ‘solve the case’. In order to prove this hypothesis we selected a conviction from the Court of First Instance from Rio Grande do Norte. Brasil. Preliminary results indicate that the argumentation present in legal documents may have some rhetorical strategies, but they vary according to contextual constraints that may influence the textual and the rhetorical construction.