RHETORICAL-DOGMATIC ANALYSIS OF THE FACT DOMAIN THEORY AND ITS APPLICATION BY THE BRAZILIAN SUPREME COURT IN CRIMINAL ACTION N. 470.

Abstract

The present work aims to analyze the application of the fact domain theory by the Federal Supreme Court in the scope of the Criminal Action No. 470. The decisions coming from the Supreme Court have effects on the entire legal system, influencing other instances through the discursive parameters presented as decision-making reasons. The work begins by historicizing the fact domain theory, to understand its function in the legal system for which it was designed. The investigation verifies contemporary developments and the theoretical contours outlined by the scholars cited as the main reference in the Supreme Court's winning report. After analyzing the application of doctrinal parameters, the research uses analytical rhetoric to understand the process of presenting the production of law, in the form of a casestudy and bibliographic review. It was found that the Federal Supreme Court used foreign theory in a non-judicious way and resorted to rhetorical strategies to justify an apparently pre-defined result.