Fala-em-interação institucional: fases de audiências preliminares no Juizado Especial Criminal

Abstract

This research aims to map the phases that compound two Preliminary Hearings at the Special Criminal Court (JECRIM), institution of the judiciary responsible for processing and judging penal contraventions and crimes of less dangerous potential, whose sentence does not exceed two years of imprisonment. The preliminary hearing occurs before the complaint’s offering and constitutes a possibility for the involved parts in the offensive fact to realize an agreement between them or with the Public Prosecution. The hearings selected, entitled as A briga and CNH, have been recorded in audio and transcribed according to the conventions of Conversation Analysis (LODER, 2008). The data belong to the colection of the project “O português falado na Zona da Mata de Minas Gerais: constituição de um banco de dados de Audiências Preliminares do Juizado Especial Criminal”, coordinated by Profª Drª Amitza Torrres Vieira at the Federal University of Juiz de Fora. The research of qualitative and interpretative nature (DENZIN; LINCOLN, 2006), is based on analytical assumptions of institutional interaction speech (DREW; HERITAGE, 1992; SARANGI, 2005; ROBINSON, 2013); from Interactional Sociolinguistics (GUMPERZ, 1982, 1999) and from Ethnomethodological Conversation Analysis (SACKS; SCHEGLOFF; JEFFERSON, 1974). We also recur to the theoretical apport of Interational Argumentation (SCHIFFRIN, 1987). The results provide the presence of four phases in the hearings. In the first, entitled opening occurs the calling and the greetings from the parts. In the second, problem presentation, there is the confirmation of the information that have been reported in the police occurrence and the clarification about the legal considerations of the case. The third phase, offering of archiving/offering of penal transaction consists on the arguments in favor of process’s archiving, the checking of the criminal records and the archiving of the case, in the hearing A briga, and in the negociation and the establishing of the penal transaction in the hearing CNH. The final phase consists on the signature of the term for the conciliation.