The Recent Judicial Activism in Brazil: Desaposentação From the Perspective of Discursive Games
The desaposentação is a topic that for some time has raised heated debate in the Brazilian legal field. Decisions related to it constitute itself as judicial activism, in that are given by the interference of the courts in the effectiveness of this right. This article aims to analyze some discursive...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | Portuguese |
| Published: |
Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI)
2015-12-01
|
| Series: | Revista de Direito, Arte e Literatura |
| Subjects: | |
| Online Access: | http://www.indexlaw.org/index.php/revistadireitoarteliteratura/article/view/81 |
| _version_ | 1818999437116047360 |
|---|---|
| author | Mônica da Silva Cruz Viviane Freitas Perdigao Lima |
| author_facet | Mônica da Silva Cruz Viviane Freitas Perdigao Lima |
| author_sort | Mônica da Silva Cruz |
| collection | DOAJ |
| description | The desaposentação is a topic that for some time has raised heated debate in the Brazilian legal field. Decisions related to it constitute itself as judicial activism, in that are given by the interference of the courts in the effectiveness of this right. This article aims to analyze some discursive movements that are established in discussions on the concept of judicial activism, taking as an example the desaposentação in Brazil. It analyzes initially discursive aspects of the historical constitution of the concept of judicial activism. Then it talks about the struggles that are established around the senses built on the concept of desaposentação considering that all knowledge is made from games of speeches taken as a set of strategies that are part of social practices born in the plots history. The theoretical framework is guided in Foucault's principles speech about the concepts, wording and your order (Foucault, 1996; 2008). Methodologically assess up concepts of judicial activism, judicial and parliamentary speeches. At last, it turns out that the activist discourse in enforcing rights is permeated by strategy games, action and reaction, of domination and avoidance, as well as struggles. |
| first_indexed | 2024-12-20T22:17:24Z |
| format | Article |
| id | doaj.art-eeb17daf44c54fd4893c6c378dfb0e35 |
| institution | Directory Open Access Journal |
| issn | 2525-9911 2525-9911 |
| language | Portuguese |
| last_indexed | 2024-12-20T22:17:24Z |
| publishDate | 2015-12-01 |
| publisher | Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) |
| record_format | Article |
| series | Revista de Direito, Arte e Literatura |
| spelling | doaj.art-eeb17daf44c54fd4893c6c378dfb0e352022-12-21T19:25:01ZporConselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI)Revista de Direito, Arte e Literatura2525-99112525-99112015-12-011120122810.26668/IndexLawJournals/2525-9911/2015.v1i1.8181The Recent Judicial Activism in Brazil: Desaposentação From the Perspective of Discursive GamesMônica da Silva Cruz0Viviane Freitas Perdigao Lima1Universidade Federal do Maranhão - UFMA, Maranhão (Brasil)Universidade Federal do Maranhão - UFMA, Maranhão (Brasil)The desaposentação is a topic that for some time has raised heated debate in the Brazilian legal field. Decisions related to it constitute itself as judicial activism, in that are given by the interference of the courts in the effectiveness of this right. This article aims to analyze some discursive movements that are established in discussions on the concept of judicial activism, taking as an example the desaposentação in Brazil. It analyzes initially discursive aspects of the historical constitution of the concept of judicial activism. Then it talks about the struggles that are established around the senses built on the concept of desaposentação considering that all knowledge is made from games of speeches taken as a set of strategies that are part of social practices born in the plots history. The theoretical framework is guided in Foucault's principles speech about the concepts, wording and your order (Foucault, 1996; 2008). Methodologically assess up concepts of judicial activism, judicial and parliamentary speeches. At last, it turns out that the activist discourse in enforcing rights is permeated by strategy games, action and reaction, of domination and avoidance, as well as struggles.http://www.indexlaw.org/index.php/revistadireitoarteliteratura/article/view/81Análise do discurso, Ativismo judicial, Desaposentação |
| spellingShingle | Mônica da Silva Cruz Viviane Freitas Perdigao Lima The Recent Judicial Activism in Brazil: Desaposentação From the Perspective of Discursive Games Revista de Direito, Arte e Literatura Análise do discurso, Ativismo judicial, Desaposentação |
| title | The Recent Judicial Activism in Brazil: Desaposentação From the Perspective of Discursive Games |
| title_full | The Recent Judicial Activism in Brazil: Desaposentação From the Perspective of Discursive Games |
| title_fullStr | The Recent Judicial Activism in Brazil: Desaposentação From the Perspective of Discursive Games |
| title_full_unstemmed | The Recent Judicial Activism in Brazil: Desaposentação From the Perspective of Discursive Games |
| title_short | The Recent Judicial Activism in Brazil: Desaposentação From the Perspective of Discursive Games |
| title_sort | recent judicial activism in brazil desaposentacao from the perspective of discursive games |
| topic | Análise do discurso, Ativismo judicial, Desaposentação |
| url | http://www.indexlaw.org/index.php/revistadireitoarteliteratura/article/view/81 |
| work_keys_str_mv | AT monicadasilvacruz therecentjudicialactivisminbrazildesaposentacaofromtheperspectiveofdiscursivegames AT vivianefreitasperdigaolima therecentjudicialactivisminbrazildesaposentacaofromtheperspectiveofdiscursivegames AT monicadasilvacruz recentjudicialactivisminbrazildesaposentacaofromtheperspectiveofdiscursivegames AT vivianefreitasperdigaolima recentjudicialactivisminbrazildesaposentacaofromtheperspectiveofdiscursivegames |