A viabilidade jurídica do uso das constelações familiares no ordenamento pátrio.

Abstract

The present monograph has as its theme " the legal viability of the use of Family Constellations in the Order." The problem that the research seeks to analyze, through indoctrinators of Psychology and Law, is the possibility of applying the family constellation within the national courts. Throughout the text, it is clear that the law arises to seek to pacify a society that is composed of subjects who will always come into conflict of interests, because it is inherent in human nature. From the evolution of law, new methods for dealing with conflict have emerged, to the point that today one can find the use of therapy within courts. Its main objective is to bring the discussion to the law, the application of techniques from other areas of knowledge and the positive results that this combination can bring. The specific objectives are: to verify the existence of conflicts of interest as something natural of the human being; analyze the means of conflict resolution existing in the legal system; understand that jurisdiction is the traditional method most commonly used to compose a conflict; understand the historical evolution of Brazilian procedural law; explain what is the new face of law regarding conflict resolution; introduce Bert Hellinger's family constellation technique; relate the use of the family constellation technique with the jurisdictional action. Throughout the research we opted for the deductive approach method. The procedure methods used were historical and comparative. As for the technical procedure, the bibliographic-documentary was adopted, because it was elaborated from laws, books, internet and journal articles, with content analysis. Structurally, the monograph is divided into three chapters. The first will address the existence of rules of conduct, the human being living on the basis of some interest, the definition of conflicts of interest, their scope and the means of their resolution. In the second, the existence of jurisdiction, through the process, as the most traditional means of conflict resolution, the historical evolution of procedural law and the new face gives conflict resolution, due to the influence of neoconstitutionalism in the process. Finally, in the third, the way in which the new procedural system opened the family constellation, the understanding of what this therapy would be, the way it is used in the courts and criticism of its existence.