Reflections About Systemic Law: Family Constellation And Its Applicability In Judicial Power

Abstract

Given the new tools that are used now in conflict resolution, such as the Family Constellation, this paper corresponds to the study of Systemic Law. It concerns the issue of the judicial system’s update. This is due to the changes in social concepts and paradigms’ shift, because, with human development, the aim is to find new sources to resolve the conflicts created in society. In an attempt to attain this main objective, corresponding to demonstrate the effectiveness of Systemic Law within the judiciary, the proposal sought to develop first the moral, philosophical, and scientific aspects. Thus, presenting the basis for the reform of the Code of Civil Procedure. From the moral and philosophical aspect, it appears necessary to adapt methods that can often be considered as, to lay people, mysticism, hermeticism, among other verbose concepts. On the other hand, the scientific factor is outlined in the present article in very relevant standards, amongst which stand out the scientific studies that developed and improved the mechanisms of the Family Constellation, so that today it could be used and well accepted by the Courts. It is also worth mentioning significant discussions about the judges and courts’ acceptance regarding the use of the tool, as well as the acceptance of the parties in the use of conflict resolution. This paper makes use of bibliographic deductive methodology, using as main sources the doctrine and case law, as well as in-depth books that explain what Family Constellation is. Its aim is to demonstrate the benefits of the increasing implementation of Systemic Law, as well as to demonstrate the results obtained so far. The research was be developed probing the hypothesis that the Systemic Law is an innovation that can be the unburdening of the Judiciary, and perhaps a great step in the development of the humanity, since it allows not only the resolution of the conflict. In addition, it puts an end to a major emotional and psychosomatic burden related to the conflicts that triggered the court demand