SYSTEMIC FAMILY CONSTELLATION AS AN ALTERNATIVE METHOD FOR RESOLVING CONFLICTS IN FAMILY LAW

considerations from the “Systemic Justice Project: Conflict Resolution in the Light of Family Constellations” of the Tribunal de Justiça of the State of Rio Grande do Sul

Abstract

Systemic constellation integrates the alternative means of conflict resolution, adopted by the Judiciary of some Brazilian States, with the possibility of application in family conflicts, with a view to reestablishing the dialogue and dealing with controversies. The objective of this article is to analyze the effectiveness of the systemic family constellation applied in the Systemic Justice Project: conflict resolution in the light of family constellations, from the Tribunal de Justiça of Rio Grande do Sul. The research problem is: the constellation technique systemic law in Family Law, applied by the Systemic Justice Project, has contributed to the treatment of judicial family conflicts? To this end, a historical approach will be made on the creation of the Systemic Constellation Theory and its main characteristics; legislation related to consensual dispute resolution methods in Brazil, such as Resolution Nº. 125/2010 of the Conselho Nacional de Justiça, the Mediation Law (Law Nº. 13.140/2015), and the Civil Procedure Code (Law Nº. 13.105/2015), as well as the application of the family constellation in the legal scope; finally, the application of the systemic family constellation will be analyzed by the Systemic Justice Project - TJ-RS, from 2015 to 2018. The method will be deductive, with bibliographical and documentary study, and of a qualitative nature. The hypothesis is that the systemic family constellation may be an alternative method for the reduction/resolution of judicial family disputes in Family Law. The conclusion indicates that the Systemic Justice Project - TJ-RS presents positive data, which converge to pacify family conflicts, humanize the approach to conflicts and reestablish affective bonds.