Usar o pretérito mais que perfeito em peças jurídicas está correto?
A pergunta não é bem se “está correto”, pois, a depender da frase, pode ser que esteja mesmo.
Acontece que, em 98% dos casos, não devemos usar o pretérito mais-que-perfeito nas nossas peças jurídicas.
Não sei se é para tentar demonstrar conhecimento da língua, mas muitos operadores jurídicos usam esse tempo verbal em frases nas quais caberia apenas o pretérito perfeito.
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Vamos começar do início sobre pretérito mais que perfeito
Pessoal, quando redigimos, digamos, um relatório de sentença, narramos os fatos mais importantes que ocorreram no processo.
Vejam: eu disse “ocorreram”, no pretérito perfeito.
Em 98% dos casos é esse o tempo a ser usado. Ponto.
Nada de escreverem “a ré interpusera agravo”, “o juiz recebera a inicial”, “a denúncia fora recebida”.
Em vez disso, escrevam: “a ré interpôs agravo”, “o juiz recebeu a inicial”, “a denúncia foi recebida”.
E não é apenas no relatório que o pretérito perfeito vai prevalecer sobre o mais-que-perfeito, mas em qualquer parte de nossas peças.
É claro que haverá casos (os 2% restantes) em que estará correto o uso do pretérito mais-que-perfeito.
Vou tentar explicar rapidamente.
Em geral, o mais-que-perfeito indica uma ação que ocorreu antes de outra passada.
A frase “quando retornei, a música parara” significa que a música já havia parado quando retornei.
Aliás, esta é uma excelente técnica para conferir se esse tempo verbal está empregado adequadamente:
se der para substituí-lo pela forma HAVIA/TINHA + PARTICÍPIO, o mais-que-perfeito estará correto.
Vejam a seguinte frase:
“O acusado afirmou que, por ocasião da chegada dos policiais, fugira da cena do crime”.
Se quem a escreveu quis dizer que o acusado HAVIA FUGIDO da cena do crime quando os policiais chegaram, o “fugira” está correto.
Já se a intenção foi dizer que no momento em que os policiais chegaram o acusado fugiu, o verbo deveria ser conjugado assim mesmo, “fugiu”, no pretérito perfeito.
Era esse o recado de hoje.
Apenas usem o pretérito mais-que-perfeito se realmente estiverem certos do seu cabimento, sobretudo porque, esqueci de dizer, esse tempo verbal atravanca a leitura.
Espero ter ajudado.
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