Breve análise sobre a institucionalização das constelações familiares como método alternativo de resolução de conflitos no judiciário brasileiro

• Autor(a) principal: Lima, Fernanda Mendes
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFS
• Texto Completo: https://ri.ufs.br/jspui/handle/riufs/18208
• topic: Direito; Ensino superior (UFS); Constelações familiares; Conselho Nacional de Justiça (CNJ); Direito civil; Resolução de conflitos; Modernização da justiça; Alternative Conflict Resolution Methods; Family constellations; Modernization of Justice; National Council of Justice; Systemic Law; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL

This study focused on the institutionalization of the practice of Family Constellations as an alternative method for conflict resolution within the Brazilian Judiciary. The aim of this work was to provide a critical and analytical discussion on this innovation adopted by some Brazilian Courts, presenting a counterpoint to the widely publicized benefits based on certain allegations revealed in published articles and statements released by the federal medical and psychology boards regarding this technique. By employing a hypothetical-deductive method and conducting bibliographic and documentary research, the need for a broader and more consequential debate on Family Constellations within the Brazilian Justice System was sought to be demonstrated, emphasizing the urgency of a stance from the National Council of Justice and the establishment of a regulatory framework or guidelines for its application in the Brazilian legal system. To achieve this, the study initially aimed to present the Theory of Family Constellations and address the issue of pseudoscientific nature associated with the practice. Subsequently, the introduction of Constellations in the Judiciary, its developments, the concept of Systemic Law, the legal framework, and the position of the National Council of Justice on the subject were discussed. Finally, allegations related to the application of Constellations in cases of domestic and family violence were exposed, as well as the official positions of the federal medical and psychology boards regarding the practice. The theoretical framework was based on books, articles, and various publications on the subject of constellations, Systemic Law, and alternative forms of conflict resolution. Through this work, the aim is to highlight inconsistencies between the Theory of Family Constellations and the Brazilian legal system in order to stimulate considerations regarding its application within our justice system.