A retórica no Direito: um estudo a partir da Apologia de Sócrates

Abstract

The objective of this study is to investigate the possibility of analyzing the legal discourse as a procedural-rhetorical linguistic act. Through Tercio Sampaio Ferraz Junior's theory, which recognizes the existence of rhetoric in law, in a pragmatic scheme conceived by the discutibilidade phenomenon, the main point of this study consists of investigating eleven excerpts from the Socratic defense in the Tribunal of Athens described in Plato’s Apology of Socrates dialogues. In order to achieve this end, the rhetorical elements, through the stages of discourse, rhetorical triangle (ethos-pathos-logos), and the orator’s virtues (arete-eunoia-phronesis) – which have the power to unveil the methods of persuasion chosen by Socrates, as well as clarifying which ethe are present in his speech – will be observed. The procedural instruments, present in the pieces, especially in the contestation, will also be investigated – in particular regarding to the persuasion process. In conclusion, it is believed that this dissertation, although it does not exhaust the theme and does not have the intention to create a unique possibility of study to the defense of Socrates, it can contribute to the reflection of the legal discourse explored by the multidimensional aegis of rhetoric