Ausência da democratização nos discursos jurídicos: a linguagem complexa e rebuscada impedem a fácil e célere compreensão para o leitor técnico e não técnico.

Abstract

The bureaucratic-legal discourse still has obstacles arising from the conservative approach of law professionals that favors the stilted and coded language as a means to have good performance in judicial activity. Given this attitude, it is found irreparable harm to the party, lay in law, and therefore to society. This present study shows that the elaborate and complex legal language excludes citizens, other than the right of the operator, the legal discourse. It is a form of monopoly of legal knowledge that is not shared to curtail the power and authority conferred by this knowledge. For this reason, there is abuse of the "juridequês" and reversing the direct order, bringing errors and inadequacies that compromise text content. And without understanding the content, it is hampered judicial provision and democracy. Because, on the one hand citizens had no right to access to public, adequate and complete information to make a decision; for another, the very right of the operator did not understand the request or order, or judicial declaration part to act, undermining the development process. Therefore, it is necessary to study the grammar in order to relate to its use in the construction of communicative function of the text, respecting the criteria of textuality (coherence, cohesion, acceptability, situationality, intentionality, informativeness or intertextuality text). These are requirements that ensure effective communication act, which is not the case in the examples of legal discourse with the excessive use of technical terms, in the vernacular or Latin; or convoluted terms, accompanied by a complex clausal structure