Abstract
(Non) stigmatizing language in the judgments of the Brazilian Judiciary. An analysis will be made about the use of names that stigmatize subjects, based on the performance of the Brazilian Judiciary, as a clear challenge to the realization of the fraternal right to respect. To this end, through an exploratory research with a qualitative and quantitative approach, the article starts from a search for judgments of the Federal Supreme Court and the Superior Court of Justice that use possible stigmatizing language, in order to verify whether vulnerable groups are treated with respect by these Courts or are deprived of their subjectivities and annihilated in their particularities. The research problem: is the language in the judicial usage in conformity with the Constitution and is it committed to the realization of the right to respect in the context of affirmation of the human person in the post-1988 Brazilian Democratic Rule of Law? The hypothesis is that the language used by the Judiciary Branch reproduces, to some extent, the various processes of exclusion that mark the history of Brazilian society in terms of the affirmation of the rights of vulnerable groups. The research plan will be developed in four sections and, at the end, representative considerations for the necessary discussion of the topic.
Keywords:
Right to respect; Stigmatizing language; Legal speech; Vulnerable Groups; Constitutional Compliance