SYSTEMIC LAW AND SOCIAL PACIFICATION OF CONFLICTS

Resumo

With the advent of New Procedure Code (Act. 13.105/2015), the legislator began to
prioritize, on the Article 3, the consensual autocompositive methods of resolution of
conflicts that work as jurisdictional equivalents, with the objective of social satisfaction
and effective access to justice, aiming mainly the agility of justice. The development of
this work is justified by being a new, raising subject, consonant with the increasing
interest by the systematic approach on our Judiciary, searching another institutions
that could help to simplify the conflicts resolution, since the National Council of Justice
provides National Judicial Policy for proper treatment of conflicts within the judiciary. A
new-perspective-look by the constructor of the law is needed, so it can understand the
social and even psychological reasons behind the legal-material relationship. In this
sense, the family constellations idealized by the German philosopher and
psychotherapist Bert Hellinger stand out. They consist in a phenomenological systemic
approach aiming to study behavioral patterns of the individual’s family through the
generations, using representatives or puppets. The work presents a qualitative
methodological character regarding the approach, with the objective to produce indepth
and explanatory information about the use of this method. Besides, the
deductive methodology was used through bibliographic review, mainly virtual, once
most of the studies about the subject are still being developed; and from reports of
individuals who participated on Family Constellations in joint efforts promoted by Judge
Sami Storch, creator of the expression “systemic law” and the precursor of application
of this technique in Brazil. The Hellinger’s technique on this context is not a method,
but an interdisciplinary tool for the resolution of conflicts. Brazil is pioneer on utilizing
this technique on judiciary, now present in seventeen courts by the country. Between
2012 and 2013, judge Sami Storch has got 100% (a hundred percent) in agreements
in processes in joint efforts which both parties were present. The theme is raising on
Brazil due to its humanitarian and social relevance. The parcial results obtained until
now, whereas the study is in its early stages, by collecting statistical data and empirical
information, shows that the systemic law is linked to the applied social sciences and
deserves to be analyzed deeply because can identify hidden personal situations that
end up directly interfering in the resolution of requests, once its practical application
reveals concrete and effective results. Therefore, it is understood to be a proficient
alternative for social pacification and individual cure.