Direito sistêmico: aplicação das práticas sistêmicas na solução de conflitos judiciais

Abstract

Systemic Law, a term created and implemented in the legal sphere by the judge Sami Storch, and the applicability of his practices that are based on the use of the family constellation and the systemic view, proposed by Bert Hellinger. This article aims to analyze the application of systemic practices as a means of systemic law, in addition to its interaction with legal norms in conflict resolution, considering that law operators must respect the pillars that support social and to base its vision on a holistic understanding of the notion of the formation of the individual in society, considering their particularities and how these affect the resolution of their conflicts. The research was developed analyzing the hypotheses that the adoption of these practices promotes an expansion of the awareness of the parties, more effective and peaceful solutions in the judicial or extrajudicial environment, causing a reduction in recurrences, as well as conflicts submitted to a holistic view of systemic practices, considering personal and especially family aspects of the parties, offer more effective solutions. It reveals the awakening, regarding the use of the tool, as a mechanism that leads the parties to a more conscious and peaceful path to resolve their legal conflicts, respecting the multiple possibilities to resolve them, prioritizing their interests.