Você sabe com quem está falando? Sujeito de direito, discurso e sentido

Abstract

This thesis, affiliated to French Discourse Analysis (AD), proposes an interdisciplinary look, which thinks law and its legal practices as social institutions under discursive perspective, i.e., as a constant space of (re)production of senses. In the structure, especially in a democratic state ruled by the law, social relations are placed based on responsibilities, rights and duties, and the subject who constitutes his/herself in these relationships is historically determined from the conditions that are given to him/her. The emergence of this responsible subject , therefore, makes us to think about the figure of the subject of right, and for that we chose as object of analysis the Brazilian Federal Constitution from 1988 (FC/88) for its relevance as a legal text that inaugurates a new formation of state in the country in a constant attempt to disentangle itself from the marks of a dictatorial regime that had preceded it. We wonder, in this sense, how the discourse of the Brazilian Federal Constitution of 1988 presents challenges and interpellates subject as a subject of right. Therefore, we consider notions such as discursive subject and subject-position (Pêcheux, 1988), discursive event (Zoppi-Fontana, 1997), citizenship (Orlandi, 2015; Elias, 2006), among others. Our analysis is done from discursive sequences (SDs) from FC/88, which allow us to understand movements of sense on the interpellation of the subject into a subject of right. It was possible to understand, for example, that the examined law texts work in a dynamic universalization and individuation, as with oscillating movements, the first of which is combined with the rights granted to citizens, such as health and education. However, the movement that individualizes the subject arises when it comes to the recognition of duties attributed to him/her, such as reporting illegalities. In this sense, considering the way in which law is presented as a manifestation of the state by a legitimacy that would emanate from the people and the power relationship that prevails in the distance between the institutional/legal text and the actual/possible text, we propose a displacement in the notion of subject of right conceived under Discourse Analysis into a notion of the subject with rights, considering the conditional character this kind of subject form establishes in relation to citizens protected by state.