As constelações sistêmicas como método alternativo de resolução de conflitos no direito de família

Abstract

The theme of this work is to analyze the application of systemic constellations as an alternative means of resolving family conflicts, since these are inherent to family relationships, being an expression of the emotional involvement present in such relationships. In this way, this is a dispute surrounded by emotion and incomprehension, wherefore in a formal process hardly the decision is going to satisfy the true goals of the parts. Thus, what is found is the continuation of the familiar conflict and the perpetuation of the family’s dependency on the Judicial System. This is the reason why a strictly judiciary method is not sufficient in the family law, being necessary an interdisciplinary intervention. In this sense, the New Code of Civil Procedure brings important incentives to the application of alternative methods of conflicts resolution, which are indispensable to the adequate conflict’s treatment. Among the possible applicable techniques, the systemic constellations’ psychotherapy shows itself as a different alternative. In this sense, what is the way that the systemic constellations technique is being used in the Brazilian Judicial system, especially regarding the demands of family law? The present paper aims to investigate the way that the systemic constellations’ technique is being included in the lawsuits involving family law. in the first part of the paper the conflict resolution’ techniques evolution was analyzed, as well as civil procedure law referring to it. Also, the conflict solution self-composition methods were delimitated and differentiated. In the second part, the systemic constellations’ techniques development was specified in what applies to the family environment. Equally, the projects that adopt systemic constellations as a way to solve familiar conflicts developed in diverse Courts of Justice in Brazil. Therefore, this paper utilizes the deductive method of approach allied with the monographic procedure method and the bibliographic and documental search technique. The conclusion is that systemic constellations are a peacemaker to family conflicts, as far as they provide the humanization of the conflict approach and the recovery of the affective bonds.