Language and Law / Linguagem e Direito <p><strong><em>Language and Law / Linguagem e Direito</em></strong> is a leading international bilingual, bi-annual journal that publishes original research, review articles and book reviews on the fields of Forensic Linguistics / Language and Law. The journal is completely electronic and entirely open access. LL/LD publishes articles across the whole spectrum of the discipline and from both practitioners (e.g. chiefs of police, public prosecutors, professional translators and interpreters, expert witnesses) and academic researchers (lawyers and linguists).</p> en-US <p> </p><p> </p><p><a href="" rel="license"><img style="border-width: 0;" src="" alt="Licença Creative Commons" /></a></p><p>Este trabalho está licenciado com uma Licença <a href="" rel="license" target="_blank">Creative Commons - Atribuição-NãoComercial 4.0 Internacional</a>.</p> (Rui Sousa-Silva) (mariana selas) Mon, 03 Jan 2022 00:00:00 +0000 OJS 60 Volume 8(2) <p> </p> Malcolm Coulthard; Rui Sousa-Silva Copyright (c) 2022 Malcolm Coulthard; Rui Sousa-Silva Mon, 03 Jan 2022 00:00:00 +0000 When police discursive violence interacts with intimate partner violence <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>Linguists analyzing the practices of American-style police interrogation have revealed the discursive attributes of police interrogation that can, often unwittingly, induce false confessions from suspects. Further, psychologists have identified a number of factors that can make particular subjects of police interrogation especially vulnerable to false confessions under interrogation. This article suggests that women who have been victims of serial domestic violence may be a heretofore unrecognized class of those particularly vulnerable individuals. Because the psychodynamics of American-style police interrogation so closely parallel the psychodynamics of intimate terroristic domestic violence, victims of domestic violence may react to police interrogation with the same coping strategies – accommodation and acquiescence – that they resort to in attempting to avoid battering. In the context of police interrogation, that would potentially lead to false confessions. Collaborative research by linguists and psychologists is needed to mitigate this possibility for miscarriages of justice.</p> </div> </div> </div> Janet Ainsworth Copyright (c) 2022 Language and Law=Linguagem e Direito Mon, 03 Jan 2022 00:00:00 +0000 “Ele vai negar tudo”: <p>In this article, we study the narrative of a woman, allegedly the victim of gender-based violence, produced spontaneously in a legal family pre-mediation interview, in a child custody lawsuit. In a qualitative research work, in light of the theoretical-methodological framework of Conversation Analysis, we analyzed moments of this narrative as sequential objects, arranged in turns of talk-in-interaction. We describe the types of violence narrated, the way they occurred, and the actions of the social actors involved. Furthermore, we relate the narrative episodes that make up the plot to the `Maria da Penha' Law and the cycle of violence. The results point to a complex network of personal and institutional relationships that deal with violence against women, in which everyone is an actor, whether in combat or in the perpetuation of the cycle of violence. We relate the micro-interactional results to macro-social and public policy issues.</p> Paulo Cortes Gago, Maria do Carmo Leite de Oliveira, Áida Silva Penna, Maria de Lourdes Pereira, Vanderlei Andrade de Paula Copyright (c) 2022 Language and Law=Linguagem e Direito Mon, 03 Jan 2022 00:00:00 +0000 Writing up or writing off crimes of domestic violence? A transitivity analysis of police reports <p>Between March 2019 and March 2020 in England and Wales (excluding Greater Manchester), there were 1,288,018 recorded incidents of domestic violence (DV, otherwise known as ‘domestic abuse’ or ‘DA’), an increase of 4.2% (51,404 incidents ) on the previous year (Office for National Statistics (ONS)). Only 56% of these were classified by police as ‘crimes’ (ONS). Additionally, despite the annual rise of DV the charging rate of suspects fell in 2019–2020 by 20.5% (Crown Prosecution Service data (CPS)). This raises two primary questions: 1) why are almost half of reported DV incidents not considered ‘crimes’? and 2) in spite of rising numbers of incidents, why do prosecutions continue to fall? These questions are central to this paper. A possible factor influencing attrition rates concerns the language used by police officers to record DV incidents. This paper then, explores whether the linguistic choices made by police officers on judicial reports of DV reflect implicit attitudinal biases, that in turn, can potentially pre-empt out-of-court case disposals. If so, this may also go some way to explaining the gap between cases <em>reported</em> as DV crimes and cases <em>recorded</em> as such.</p> <p>The dataset under analysis comes from a corpus of 13 police-authored DV cases sent to prosecutors for charging decisions in one calendar month in 2010 (for more detail about the corpus, see Lea and Lynn 2012). All 13 cases were returned with a ‘simple caution’ outcome, which means that none progressed to prosecution. The analysis of the reports is carried out using the model of transitivity (Berry 1975, Halliday 1994) to identify participant roles, actions, and circumstances as well as their syntactic distribution. The analysis shows that officers’ lexical and syntactic choices yield patterns of agency that downplay suspects’ culpability on the one hand, and background victims on the other. The paper concludes by arguing that how police present agency, participant roles, and circumstantial elements in reports to prosecutors can encode a ‘preferred outcome’ resulting in more lenient charging decisions.</p> Patricia Canning Copyright (c) 2022 Patricia Canning Mon, 03 Jan 2022 00:00:00 +0000 WhatsApp e o contexto discursivo como prova de violência contra a Mulher <div> <p>In Brazil, the ‘Maria da Penha’ law (Law 11.340, of August 7, 2006) is concerned with the crime of feminicide and it creates mechanisms to protect wo- men who are victims of psychological and/or physical violence. Despite this law, the number of femicides increases daily. In 2015, the Map of Violence estimated the number of femicides at 4.8% per 100,000 women – one murder every 90 minutes and 5 beatings every 2 minutes – which placed Brazil in fifth place. The document showed that we had with the rise of the extreme right spreading patriarchal and sexist propaganda, a 30% increase in acts of violence against women is expected. However, states of violence and psychological violence caused by abusive relati- onships are not counted in these data. Within social media, there are countless semioses that denounce violence and abuse, which could be used as evidence in court, and even to prevent deaths. This article analyzes discursive stylistic marks present in WhatsApp messages exchanged between a victim of femicide and her best female friend – that indicate a state of violence, possible physical and psy- chological violence – in a case which had wide national repercussion. We use Discourse Analysis applied in a forensic linguistics context to discuss the crime of homicide, using as theoretical support van Dijk (2012), Charaudeau (2001), Cano (2012), and Sousa Silva and Coulthard (2016). The analysis raises interesting lin- guistic issues such as the concepts of “context” that evidence constant situations of state of violence within the interaction process.</p> </div> Rosangela Aparecida Ribeiro Carreira Copyright (c) 2022 Language and Law=Linguagem e Direito Mon, 03 Jan 2022 00:00:00 +0000 O Movimento #MeToo: Argumentação, enviesamento e negação polémica <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>In this article we present a forensic analysis of the most relevant argumentative mechanisms in opinion pieces produced about the #MeToo Movement. A corpus of 28 opinion pieces published in the newspapers Expresso, Observador and Público between October 2017 and February 2020 was created to analyze the linguistic mechanisms that most contributed to the defense of a certain point of view (in favor or against the movement). A lexical analysis showed the bias of the discourses, while an analysis of negation showed the presence and exploitation of the multiple voices that coexist in a discourse. It is our goal to affirm discourse as a place of power, as well as to reiterate the role of language as powerful forensic evidence of mental and social schemata that precede argumentation.</p> </div> </div> </div> Violeta Magalhães Copyright (c) 2022 Language and Law=Linguagem e Direito Mon, 03 Jan 2022 00:00:00 +0000 A transformação do ordenamento jurídico brasileiro após o Caso Maria da Penha <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>The <em>a priori</em> perception of the end of impunity for the aggressor clearly helps to prevent violence. Herein lies the importance of the social transformation of law. This article analyzes the main transformations of the Brazilian legal system in an attempt to combat domestic and family violence against women, as a consequence of the condemnation that Brazil suffered on April 4, 2001, by the Inter-American Commission on Human Rights, in the Case of Maria da Penha. It will be demonstrated that the former situation of neglect and disrespect for women’s rights in Brazil has been gradually rectified over the years since, having now reached an adequate level of legislative protection.</p> </div> </div> </div> Geisa Oliveira Daré Copyright (c) 2022 Language and Law=Linguagem e Direito Mon, 03 Jan 2022 00:00:00 +0000 A violência de gênero na jurisprudência da Corte Interamericana de Direitos Humanos: Um estudo do caso González e Outras (“Campo Algodoeiro”) vs. México <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>This paper sets out to discover how the Inter-American Court of Human Rights (IACHR) interprets gender violence in its jurisprudence, and whether this interpretation is consistent with an evolving interpretation of human rights and current discussions about gender violence. The article analyzes the Case of “González and others vs. Mexico” and the rationale <em>decidendi</em> of the case, using as a theoretical basis previous publications. We conclude that the IACHR current in its analysis of gender violence, gave special emphasis to crimes characterized as feminicide.</p> </div> </div> </div> Brisa Libardi Copyright (c) 2022 Language and Law=Linguagem e Direito Mon, 03 Jan 2022 00:00:00 +0000 "O evangelho segundo Jesus a rainha do céu": <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>This article examines a court decision issued by judge Roberto da Silva Maia of the Pernambuco Court of Justice (TJPE). It applies Norman Fairclough's Critical Discourse Analysis (CDA), the modes of operation of ideology of John B. Thompson and the Appraisal system developed by Jim Martin &amp; Peter White. We will apply these tools in a form adapted to Brazilian Portuguese by Orlando Vian Jr. Our aim is to identify if there is, in the decision, an attempt to socially purge the transvestite woman. After the analysis, we reflect on the social context in which freedom of artistic expression has caused discomfort and how the arguments used to limit it reinforce the exclusion of and prejudice against transvestite women.</p> </div> </div> </div> Glenda Ferreira, Virgínia Colares Copyright (c) 2022 Language and Law=Linguagem e Direito Mon, 03 Jan 2022 00:00:00 +0000 “Você me paga, bandido!”: <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>This article explores parallels between literary narratives and judicial narratives about domestic violence, based on the Bakhtinian dialogic concept of language. The article takes the short story “Você me paga, bandido!” by Dalton Trevisan and compares and contrasts it with narrative excerpts from judgments of the Superior Court of Justice concerned with the 'Maria da Penha' Law. This discursive-literary approach discusses gender issues that permeate domestic violence in Brazil and its treatment by the legal system after the advent of this law. The analyses explore more recurrent dialogical links that permeate the narratives, such as guilt mitigation, power games, notions of jealousy, honor, drunkenness, male dignity, female resistance and the trivialization of violence. We believe that the discursive-literary approach developed here can support interdisciplinary action both in the penal treatment of domestic violence, and in its prevention through educational measures.</p> </div> </div> </div> Lúcia Gonçalves de Freitas, Maria Eugênia Curado Copyright (c) 2022 Language and Law=Linguagem e Direito Mon, 03 Jan 2022 00:00:00 +0000 Romance "A Hora da Estrela", de Clarice Lispector: <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>The interdisciplinary relationship between Law and Literature allows jurists to expand their understanding of the world. The realities and their consequences are not always clear, it’s often veiled, subtle and for this reason, in order to understand the reality of gender-based violence in Brazil, this article will engage a dialogue with the novel 'The Hour of Star' by Clarice Lispector. The objective is to present the different nuances for which gender-based violence occurs and through a bibliographic, legislative and empirical data review conclude how this interdisciplinary relationship can assist in the understanding and creation of more effective normative instruments for its punishment.</p> </div> </div> </div> Gisleule Maria Menezes Souto, Luana Mathias Souto Copyright (c) 2022 Language and Law=Linguagem e Direito Mon, 03 Jan 2022 00:00:00 +0000 Nota Introdutória <p> </p> Lúcia Freitas, Micheline Tomazi Copyright (c) 2022 Lúcia Freitas, Micheline Tomazi Mon, 03 Jan 2022 00:00:00 +0000 Introduction <p> </p> Lúcia Freitas, Micheline Tomazi Copyright (c) 2022 Lúcia Freitas, Micheline Tomazi Mon, 03 Jan 2022 00:00:00 +0000