A polifonia processual e a vulnerabilidade dialógica no sistema judicial brasileiro

Abstract

The present interdisciplinary article has been the main aim, approaching the Brazilian procedural system using the dialogism and polyphony concepts developed by Mikhail Bakhtin in the linguistic and literary studies fields, and having as goals the dialogic nature of language and the polyphonic and narrative character of the judicial process, the matter intrinsically related to the contradictory constitutional principles satisfaction, the large defense and the isonomy which ensures that process dialectical and parity conduction. Through the concrete situations essay extracted from the current Brazilian context, it is evident how the procedural participation which should have repercussion in the processual construction through the various voices that dialogue, it is being suppressed by a single voice imposition that despises the others, resulting materially in the procedural monophony. It is concluded that in order to have effective procedural polyphony, it is necessary the judicial decision is rightly justified, in order to consider and appreciating all the troubles brought forward in the case, so as to give concrete expression to the constitutional principle of justification of judicial procedures.