Certa vez um aluno me perguntou se é correto o emprego de expressões latinas em textos jurídicos.
Mostrando-me um pouco desapontado com a pergunta, respondi:
“Está correto, sim.
Para começar, expressões latinas são um ótimo recurso para evitar repetição de expressões no texto.
Em caso de exaustão, por exemplo, no uso de ‘juízo de primeiro grau’, ‘juízo sentenciante’, posso lançar mão de um ‘juízo a quo’.
Para evitar a repetição de ‘no caso presente’, ‘na espécie’, tenho o ‘in casu’. As ‘razões de decidir’ posso trocar por ‘ratio decidendi’. E assim por diante.
Sem falar que, a depender do ritmo da frase e do estilo empregado, haverá casos em que será mil vezes melhor empregar um ‘in verbis’ do que um ‘literalmente’, que soa sem graça.
Falando nisso, vocês hão de concordar comigo (dirigindo-me aos restantes dos alunos) que um ‘apenas para argumentar’ e uma ‘intenção de matar’ não chegam nem perto da carga semântica das expressões ‘ad argumentandum tantum’ e ‘animus necandi’, que parecem que foram inventadas para morar no texto jurídico.
E o que dizer então das consagradas expressões ‘fumus boni juris’ e ‘periculum in mora’?”.
Sentindo que ainda não fora muito convincente e olhando agora mais para o aluno que me fez a pergunta do que para a turma, acrescentei:
“E as expressões ‘habeas corpus’ e ‘caput’? Se não aceitássemos o latim, teríamos que encarar um ‘Que Tenhas Teu o Corpo n. 15.560/SP’ e um ‘art. 5º, cabeça, da Constituição Federal’, que tal? Ou, ainda, decisão com efeito ‘que retroage’ e efeito ‘que não retroage’. Péssimo”.
E finalmente terminei dizendo:
“Acho ‘interessante’ esse tipo de pergunta (utilizando de eufemismo) porque, nesses 13 anos que venho revisando textos jurídicos, não me lembro de ter me deparado com alguma peça ‘recheada’ de termos latinos.
Quando eles aparecem, é em uma página ou outra.
Então, ainda que eu achasse incorreto o uso de termos latinos, esse é um aspecto tão pequeno diante do problema em que uma boa produção textual já está envolvida, que sinceramente não vejo razão para dar maior relevância a esse assunto”.
Depois de eu responder, o aluno virou a página da apostila e escreveu alguma coisa.
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Thanks for your valuable post. Over time, I have been able to understand that the actual symptoms of mesothelioma cancer are caused by the actual build up of fluid relating to the lining of the lung and the breasts cavity. The disease may start while in the chest vicinity and propagate to other parts of the body. Other symptoms of pleural mesothelioma include weight loss, severe deep breathing trouble, a fever, difficulty ingesting, and bloating of the face and neck areas. It should be noted that some people living with the disease tend not to experience every serious symptoms at all.
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Today, I went to the beach with my children. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She placed the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is completely off topic but I had to tell someone!
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One important thing is that when you find yourself searching for a education loan you may find that you’ll need a co-signer. There are many circumstances where this is correct because you might find that you do not use a past credit standing so the financial institution will require that you have someone cosign the credit for you. Thanks for your post.
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It’s my belief that mesothelioma can be the most lethal cancer. It contains unusual features. The more I really look at it the harder I am confident it does not respond like a real solid tissue cancer. In case mesothelioma is really a rogue viral infection, in that case there is the chance for developing a vaccine as well as offering vaccination to asbestos uncovered people who are really at high risk involving developing potential asbestos associated malignancies. Thanks for giving your ideas for this important ailment.
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Throughout this grand pattern of things you get a B+ for effort. Where you confused me ended up being in all the particulars. You know, they say, details make or break the argument.. And it could not be more correct here. Having said that, allow me say to you what exactly did do the job. Your writing can be rather engaging and that is probably why I am making the effort in order to opine. I do not really make it a regular habit of doing that. Next, while I can easily see the leaps in reason you make, I am not necessarily convinced of how you appear to unite the ideas which inturn make your final result. For now I will yield to your point but wish in the near future you connect your facts better.
Yet another thing is that when you are evaluating a good on the net electronics store, look for online stores that are consistently updated, always keeping up-to-date with the newest products, the very best deals, and helpful information on goods and services. This will make sure that you are handling a shop which stays over the competition and provide you what you should need to make intelligent, well-informed electronics purchases. Thanks for the critical tips I have learned through the blog.
Thanks for your valuable post. Over time, I have been able to understand that the actual symptoms of mesothelioma cancer are caused by the actual build up of fluid relating to the lining of the lung and the breasts cavity. The disease may start while in the chest vicinity and propagate to other parts of the body. Other symptoms of pleural mesothelioma include weight loss, severe deep breathing trouble, a fever, difficulty ingesting, and bloating of the face and neck areas. It should be noted that some people living with the disease tend not to experience every serious symptoms at all.
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Today, I went to the beach with my children. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She placed the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is completely off topic but I had to tell someone!
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) Znovu ho navštívím, protože jsem si ho poznamenal. Peníze a svoboda je nejlepší způsob, jak se změnit, ať jste bohatí a
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Muito obrigado!}
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apreciariam o seu conteúdo. Por favor, me avise.
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