Como ter clareza na redação de peças jurídicas
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Hoje estou passando aqui para dar uma dica simples, mas que confere muito mais clareza e qualidade às peças jurídicas de vocês.
É o seguinte. Ao fazerem intercalações (expressões ou construções entre vírgulas), vejam se elas não estão causando ambiguidade à frase, como a provocada pela expressão intercalada “em princípio” na frase abaixo:
⠀
“Se o agravante se disponibiliza a depositar em juízo o valor integral das parcelas, em princípio, o perigo de dano não está caracterizado.”
Não viram nada de errado?
Então comparem com esta:
⠀
“Se o agravante se disponibiliza a depositar em juízo o valor integral das parcelas, o perigo de dano não está, em princípio, caracterizado.”
Perceberam agora a diferença na redação de peças jurídicas?
Na primeira frase, o “em princípio” torna o texto ambíguo, enquanto na segunda deixamos claro que a expressão está ligada ao “perigo de dano”.
Na primeira frase, a intercalação da expressão está malfeita; na segunda, está correta.
Também costumamos fazer intercalações malfeitas com as locuções prepositivas (de acordo com, a fim de, em razão de), causando ambiguidade à frase.
Reparem na redação de peças jurídicas abaixo:
⠀
“Havendo dúvida razoável, a interposição de agravo interno quando o correto seria a de embargos de declaração, em razão do princípio da fungibilidade, não impede o conhecimento do segundo recurso, desde que interposto no prazo legal próprio.”
Notem que fica difícil para o leitor saber se o sintagma “em razão do princípio da fungibilidade” está ligado à oração anterior ou à posterior.
Corrigida, a frase fica assim:
“Havendo dúvida razoável, a interposição de agravo interno quando o correto seria a de embargos de declaração não impede, em razão do princípio da fungibilidade, o conhecimento do segundo recurso, desde que interposto no prazo legal próprio.”
Geralmente constatamos esse tipo de problema apenas na revisão das peças. Então vamos revisar!
Era isso.
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