A argumentação nas Audiências Públicas do Supremo Tribunal Federal a questão de valores: Relação entre doxa e endoxa

Abstract

The present time enables a broad production on rhetoric, once we coexist with growing pluralist issues as well as a higher demand for more elaborated argumentative constructions to support standpoints. Among Legal Studies it is not that different, especially because of the methodological changes which involve applying and understanding the norm, which cooperates to build a broader argumentative environment, becoming necessary to insert value as an element of application, besides the fact and the norm. Along the thesis, we intend to focus, first, on the role of doxa concerning the legislation which is produced on the pronouncements of the individuals involved in the PH, built by authority discourses which are based in a doxa related to the STF itself. A second role would be to allow an interconnection among legal, political and social discourses. In the discursive production at the PH, at the STF, endoxas (medical discourse, biomedical, biological, religious, besides the legal discourse, which used to be the only one) are used to reach society (representative of doxa), aimed at reaching society in general through a wide dissemination of the utterances by the media. This explains why the decisions made by the STF need to be based and legitimated by society. For those decisions to be legitimate, they have to include the participation or the understanding of society, democracy requirement.