The translation of affirmative action into legal discourse in Brazil

Abstract

Abstract Several studies have recently discussed legal translation beyond the transfer of equivalent linguistic and terminological features from a source language to a target language. Such perspectives can provide linguistics, translators and legislators with a framework for translating outside events of social life, including its demands, knowledge, wishes and cultural developments throughout periods of time into legal discourse. In this paper, we aim to discuss a broader approach of legal translation to depict how public policies on affirmative action have been introduced in Brazil in the light of institutionalization and further instrumentalization by law. In particular, we make an attempt to show how domestic legislation is translated and enacted considering both the context (as the source ‘language’) and legal discourse (as the target language). Our claim is that the process entails a transformation or translation of context (common sense achieved by society) into legal discourse (law) by means of categorization of everyday concepts into legal concepts to meet both the socioeconomic and historical contexts at hand and the framework of written law. The analysis is based on the Rio de Janeiro state law 5346/2008, a landmark law ruling affirmative action in Brazil insofar as it expands the categories of beneficiaries – the so-called quotistas – taking into consideration the social, political and economic context then. In addition, we argue that the criterion of categorization is not arbitrary but is rather cultural, economic and historically driven and objectivates the human production of a role identity of the beneficiaries beyond subjective intentions. To conclude, this analysis was only made possible with the contribution of more comprehensive viewpoints on legal translation and the role played by social perceptions in the translatability of domestic legislation in monolingual jurisdictions.