CONSTITUIÇÃO DO SUJEITO MULHER NA ORDEM DO DISCURSO JURÍDICO: entre violência e manutenção da legítima defesa pela honra

Abstract

The aim of his paper is to analyze how a crime legal suit discourse works, one constituted from a passion crime occurred in the beginning of the year 1960`s and that is derived from a love triangle formed by Lis, woman, 29 years old, widow; Caio, Lis` former boyfriend, jealous, possessive and Tício, Lis` boyfriend, murdered by Caio. More specifically, this research aims to the memory networks entangled around the statement ABSOLVED which, beyond telling that the defended (a former boyfriend) is not guilt, up-to-date statement series that legitimate violence in the behalf of "self-defense by honor" and it attributes the guilty to the woman, she the one who disrespects religious precepts and ethical and moral patterns of her local society. In order to describe, analyze and interpret the discursive production of this female subject, this research falls back on the Speech Analysis, guiding it by the memory, subject and statement concepts such as formulated by Michel Foucault and incorporates in this field of knowledge. The starting point is that the discursive practices are linked inevitably to a memory to show during the course of the homicide with futile motivation judicial suit that the discursive practices will update actually already-said discourses about women. It searches for the articulations between those already-said and the history that builds them up trying to reach out the meaning effect that when (re)update themselves, (re)quote speeches about what is to be a woman, today and yesterday. They are effects apprehended in the current days of a happening and in the memory. The crime in question allows discussions about the legal discourse conceived as a way of language management that produces and puts around statements considered true. Among these discourses taken as true, the analysis point out to the implied and pre-built entanglements in the inner speech that identify the woman as a being to the man, he the one, still seen today, as the one gifted with reason, power and strength; the one who still uses violence in the name of self-defense by honour, as means to justify their crimes and blame them on the women instead of them.