A formação discursiva da política judiciária nacional

Abstract

The Normative Resolution of the National Council of Justice (CNJ) nº 125 established the framework of the National Judicial Policy as a public policy on conflict resolution, conceived and carried out under the auspices of the Judiciary. The present research aims to understand, by analyzing the discursive formation of the National Judicial Policy, the contradictions it may present. Our thesis is that the discourse of social pacification is both product and producer of such public policy, this causes both a pre-arranged architecture in ways of resolving conflicts and a shift in the Judiciary’s behavior (from judge to conflict manager). To that end, the chosen theoretical-methodological approach is the Critical Discourse Analysis, based on Fairclough's three-dimensional model of critical discourse analysis, which proposes the analysis of the text’s dimensions as well as the social and discursive practices. The category of textual analysis used is the referential chains. Our corpus consists of the Normative Resolution CNJ nº 125/2010 and the didactic material produced by the CNJ to promote this public policy, as follows: the “Guide to Conciliation and Mediation” and the “Manual of Judicial Mediation”. As a contribution, we hope that this research collaborates with the interdisciplinary studies in “Management, Institution and Public Policies”, as part of an integrationist process, moreover contributing also to the research agenda on both the National Judicial Policy, the subject of this research, and the interdisciplinary agenda of the chosen studies on Public Policy and Theory of Conflicts, as well as to the theoretical-methodological approach used in this study, the Critical Discourse Analysis. We consider that there is a dialectical relation between discourse and practice, each mutually influencing the other. Therefore, the Judiciary seeks to create the National Judicial Policy both as a policy and as an object of discourse, aiming for the establishment of a social pacification culture.