THE APPLICATION OF CRITICAL DISCOURSE ANALYSIS IN THE STUDY OF HOUSEHOLD INVILABILITY

Abstract

Contextualization: In theme 280, the Federal Supreme Court (STF) established the thesis that forced entry into a home without a court order presupposes the existence of well-founded reasons. The Superior Court of Justice (STJ), in addition to establishing the idea of a probative standard for entry into the suspect's home without a court order, now also requires a demonstration of urgency for entry and voluntary consent, free of any kind of constraint or coercion, leaving the state authority with the burden of proving the legality and voluntariness of the resident's consent.

Objective: Despite the change in the understanding of the superior courts, it is necessary to verify if there is communication between the understanding of the superior courts and the position of the Court of Justice of the State of Ceará (TJCE), using, for that, the Critical Analysis of Discourse (ACD), which proves useful in revealing the ideology behind legal discourse.

Method: The research will use a bibliographical, legislative and jurisprudential review on the subject, using works from Theory of Law, Philosophical Hermeneutics and ACD, envisioning a dialectical analysis of the performance of the ECJ.

Conclusion: it is understood that the Law must be applied, considering the reality of its operator. Thus, the current understanding of the Superior Courts has represented an advance in the protection of fundamental rights, reflected in the decisions of the TJCE, with the aim of inhibiting situations in which police authorities act, insistently, on the margins of the understandings of the Courts.