Publicação
Fases de uma audiência preliminar no Juizado Especial Criminal
| Resumo: | This paper aims to investigate the overall structural organization of a preliminary hearing in the Special Criminal Court, a court which is responsible for judging misdemeanor cases. The research is based on the theoreticalmethodological approach of Conversation Analysis (Sacks et al. 2003 1974), focusing on studies of institutional talk-in-interaction (Drew e Heritage 1992; Roberts e Sarangi 2005; Robinson 2013), as well as combining concepts from Interactional Sociolinguistics (Gumperz 1999; Gumperz, J.J. 2002). The results show four phases: opening, that occurs when the conciliator takes a roll call and greets the parties; presentation of the problem, which happens when they explain legal concepts to laypeople; offering to file the case, when the conciliator tries to persuade the parties to file and close the case; and ending, that takes place when the parties sign the paper agreement. |
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| Autores principais: | Machado, Ana Carla |
| Outros Autores: | Vieira, Amitza Torres |
| Assunto: | Articles |
| Ano: | 2023 |
| País: | Portugal |
| Tipo de documento: | artigo |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade do Porto |
| Idioma: | inglês |
| Origem: | Language and Law=Linguagem e Direito |
| Resumo: | This paper aims to investigate the overall structural organization of a preliminary hearing in the Special Criminal Court, a court which is responsible for judging misdemeanor cases. The research is based on the theoreticalmethodological approach of Conversation Analysis (Sacks et al. 2003 1974), focusing on studies of institutional talk-in-interaction (Drew e Heritage 1992; Roberts e Sarangi 2005; Robinson 2013), as well as combining concepts from Interactional Sociolinguistics (Gumperz 1999; Gumperz, J.J. 2002). The results show four phases: opening, that occurs when the conciliator takes a roll call and greets the parties; presentation of the problem, which happens when they explain legal concepts to laypeople; offering to file the case, when the conciliator tries to persuade the parties to file and close the case; and ending, that takes place when the parties sign the paper agreement. |
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