“LARANJADA” NO TRIBUNAL DO JÚRI: PESQUISA QUALITATIVA E ANÁLISE COGNITIVO-DISCURSIVA NO JÚRI POPULAR
DOI:
https://doi.org/10.17564/2316-381X.2023v9n2p170-187Abstract
The article discusses the potential of the qualitative method for investigating the capability of jury trial rules to protect the principle of the presumption of innocence, in its dimension of judgment rule, and prevent convictions of innocent people, called "laranjadas" by the defendants in Maranhão. It is proposed that, based on a rigorous selection of cases, qualitative research has the potential to produce important generalizations about the effectiveness of fundamental rights in the Jury trial. As a qualitative research theoretical and methodological framework procedure for analyzing the speeches that have taken place in the jury trial, the theoretical framework adopted to provide the necessary support is the metaphor-led discourse analysis. It is argued that this paradigm offers a rich source for mapping certain unconstitutional worldviews conveyed in the accusation's speech by means of the figurativity inherent to human language and cognition.