O uso de ameaças como estratégia para cumprimento do mandato institucional em audiências no Juizado Especial Criminal

Abstract

This paper aims to investigate the use of threats by conciliators in Preliminary Hearings in the Special Criminal Court (JECrim) in two cities in Zona da Mata, Minas Gerais state. More specifically, the intention is: (i) to identify the type of threats produced by conciliators according to the classification proposed by Salgueiro (2010); (ii) analyze the linguistic-discursive form of threats; (iii) investigate the objective of threats in the institutional mandate fulfillment in this speech activity. Therefore, we adopted the theoretical-methodological framework of Interactional Sociolinguistics (GUMPERZ, 1982; GOFFMAN, 1981), and the discussions by Drew and Heritage (1992) and Del Corona (2009) support the analysis of institutional speech. The work is a multiple case study (YIN, 2015) of a qualitative-interpretive nature (DENZIN; LINCOLN, 2006), and the data were transcribed following the Jefferson model conventions (LODER, 2008). Preliminary results show that threats act in the fulfillment of the institutional mandate (MAYNARD, 1984) both to continue the tasks foreseen in the speech situation and to act in argumentation (SCHIFFRIN, 1987; VIEIRA, 2003; 2007) of the institution's professionals. The investigation on the use of threat in conciliation hearings in JECrim can contribute to the studies of interactional linguistics in the legal context, considering that it combines interesting empirical insights with theory. It can also contribute to the professional practice of conciliators, in addition to enabling a “replicability” of the discussion in other related professional fields.