Open AccessDeteção de bias num acórdão jurídico
Author(s) -
Inês Cantante
Publication year - 2020
Publication title -
redis
Language(s) - English
Resource type - Journals
ISSN - 2183-3958
DOI - 10.21747/21833958/red9a2
Subject(s) - polyphony , judgement , subjectivity , negation , polarity (international relations) , linguistics , modal , subordination (linguistics) , speech act , agreement , psychology , position (finance) , epistemology , social psychology , philosophy , pedagogy , genetics , chemistry , finance , biology , polymer chemistry , economics , cell
The present work analyses a legal judgment, with the aim of assessing if, in it, there are marks of its authors’ subjectivity (a collective of judges). We intend, therefore, to verify if the judges responsible for the judgment leave traces of their position, especially in the reasoning part, which is constituted by the arguments of the judges to justify their final decision - note that legal judgments are a part of the legal discourse (free of subjectivity). For that, the judgement will be analyzed according to five categories, which represent linguistic mechanisms to express subjective language: polyphony; polyphonic negation; intensifiers and minimizers; expressions with (positive or negative) semantic polarity and, finally, expressions with modal values. The results obtained al- low us to state that, even though they are not always completely explicit, these mechanisms are used to convey the opinions of the collective of judges, whose position goes in the direction of excusing the offender, while disbelieving the voice of the victim.