Linguagem e direito: a análise do instituto da inépcia da inicial a partir dos planos de texto, sequências textuais e modalidades argumentativas

Abstract

This thesis is part of the research line "Text and Discourse in Oral and Written Modalities" of the Postgraduate Program in Portuguese Language at the Pontifical Catholic University of São Paulo. Its central theme is the analysis of defective initial pleadings (petição inicial inepta) and their relationship with the organization of text plans at the macrotextual and mesotextual levels, particularly in relation to argumentative, narrative, and descriptive textual sequences, as well as argumentative modalities. The research questions are: 1) How is the text plan of defective initial pleadings structured at the macrotextual and mesotextual levels concerning textual sequences? 2) In the relationship between Language and Law, how can the text plan— at the macrotextual and mesotextual levels, considering peritextual elements, text components, and narrative, descriptive, and argumentative textual sequences— contribute to minimizing the occurrence of defective initial pleadings? In light of these questions, the following hypothesis was formulated: knowledge of text planning, textual sequences (argumentative, narrative, and descriptive), and argumentative modalities is essential for drafting proper initial pleadings, both for lawyers and law students. The main objective is to understand text planning at the macrotextual and mesotextual levels and argumentative modalities as tools for drafting effective initial pleadings. Specific objectives include: a) identifying, describing, and analyzing the narrative, descriptive, and argumentative textual sequences, as well as the argumentative modalities present in defective initial pleadings; b) discussing the results to determine which aspects can help avoid the occurrence of defective initial pleadings. As theoretical support for understanding the relationship between Language and Law, this study draws on works addressing initial pleadings by Alvim (2019); Araújo (2017); Arruda (2010, 2014); Bueno (2024); Cabral (2013); Cabral and Bueno (2019); Câmara (2024); Carneiro (2022); Donizetti (2024); Fernandes (2019); Gonçalves (2024); Lourenço (2008, 2013); Marquesi (2014); Marquesi et al. (2019); Miranda (2016); Montenegro Filho (2016); Neves (2016); Papalia (2020); Pinho (2024); Reis (2016); Rocha (2016); Rodrigues (2022); Souza (2020); Theodoro Júnior (2023); Tullio (2012); and Vezzoni (2016). In the field of Textual Linguistics, the study of text plans and textual sequences (argumentative, narrative, and descriptive) relies on works by JeanMichel Adam (2011, 2019, 2021, 2022); Cabral and Bueno (2019); Marquesi (2004, 2017, 2023); Marquesi, Elias, and Cabral (2017); Marquesi et al. (2019); Marquesi and Ferreira (2022); Rodrigues (2022); and Rodrigues and Marquesi (2021). For argumentation, the theoretical foundation is based on Reboul (2004); Toulmin (2001); and Perelman and Olbrechts-Tyteca (2005). Regarding argumentative modalities, argumentative perspective, and argumentative dimension, the study is grounded in the works of Abreu (2009); Amossy (2008, 2018); Cavalcante (2022); and Cavalcante et al. (2019, 2022). The research corpus consists of three initial pleadings dismissed by court decisions due to defects. The results reveal that studying text planning at the macrotextual and mesotextual levels, as well as narrative, descriptive, and argumentative sequences and argumentative modalities, provides significant insights for avoiding defective initial pleadings and drafting effective ones