Discurso jurídico e gênero: uma análise sobre decisões do TJ/RS no âmbito do Direito de Família.

Abstract

This dissertation analyzes the legal discourse of the TJ/ RS concerning Family Law, based on the proposal for the applicability of Ernesto Laclau e Chantal Mouffe´s Discourse Theory as a horizon of understanding of legal discourse. Starting from the analysis of ten qualitative judgments of 7º and 8º the Civil Court, this work points out the different meanings that are involved in discussions concerning the marriage between same sex people. The analysis shows that there are two kinds of speeches within the TJ/ RS, which we have stablished to call "advanced" and "conservative." We examined the arguments used by such speeaches, and how the meanings assigned to the notions as family or family unit are differently articulated by these discourses that contest the hegemony of meaning that each one of these speeches support. The research also shows that, despite the existence of speeches that reflect the role of the judiciary as an instrument of social conservation, specifically conservation of the traditional family model, in the current context of transformation of family structures, the judiciary as an institution has been configured as a space for foundation of new rights.