Direito sistêmico: aplicação das práticas sistêmicas na solução de conflitos judiciais
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Date
2021-06-28
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Publisher
Universidade Católica do Salvador
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.
Description
Keywords
Constelação familiar, Direito sistêmico, Práticas sistêmicas