Alienação parental: uma análise do discurso jurídico

Abstract

This research sough to analyze judicial judgments on cases of Parental Alienation, mobilizing the concepts of place, subject and position-subject, from the theoretical perspective of Michel Pêcheux and seeking to understand how these concepts intertwine and influence the construction of meanings and discursive identities. Based on the author, the conditions of social, historical and ideological production were considered for the perception of how the subject is situated in relation to the discursive places he occupies. As a corpus, Discursive Clippings of five judicial decisions from three Brazilian states were selected, São Paulo, Rio Grande do Sul e Minas Gerais, because they are courts that do not place in secrecy of justice the approach of cases of parental alienation. Based on the French Discourse Analysis, the relationship was discussed between place, subject and position-subject, giving relevance to the social, historical and ideological conditions of production in the analysis movement, in order to understand how the subject is positioned in the discursive places he occupies from power relations and ideological formations that manifest themselves in the discourses. The DA approach invites us to reflect on discursive identities, admitting that the subject does not have a fixed entity, but is in constant transformation and negotiation within the discursive practices. The research problem sought to identify possible mistakes in the sentences related to cases of Parental Alienation, caused by pre-built ones that go through the courts and court proceedings. The general objective was to show how these conditions of production can affect the decisions rendered and, consequently, the parties involved in the proceedings. The research was of qualitative and interpretive nature, making use of the analysis of discursive sequences that allowed to perceive how preconceived notions of magistrates influence the discourse in court proceedings and can affect the decisions made, since there are judgments that transcend the evidence captured, but they are not based on the discourse of the minor concerned, which should occur, since de Law aims at their interest. It was noticed that by using ideological dictates in decisions, the magistrates conceive the child testimony as an act of parental alienation and not as possessing discernment to be considered which offers a gap for the understanding that legal discourse produces effects of meaning, reproduces power relations and seeks to shape worldviews. When problematizing the “contradictions” and ideological injunctions that act on the discourses, this research is still a way of pointing out modes of resistance and change in the legal discourse, pointing out gaps in its discursive practice.