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Dissertação
Constelação familiar no poder judiciário brasileiro: humanização do Direito e ampliação da cidadania nos tribunais de justiça multiportas
The study talks about the theme of Family Constellation applied in the Judiciary, specifically in the courts of justice of Brazil. The Family Constellation is a psychotherapeutic method systematized by Bert Hellinger,whose purpose, through representations and images, to find the most appropriate...
Autor principal: | Valadares, Gilson Coelho |
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Grau: | Dissertação |
Idioma: | pt_BR |
Publicado em: |
Universidade Federal do Tocantins
2020
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Assuntos: | |
Acesso em linha: |
http://hdl.handle.net/11612/2177 |
Resumo: |
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The study talks about the theme of Family Constellation applied in the Judiciary,
specifically in the courts of justice of Brazil. The Family Constellation is a
psychotherapeutic method systematized by Bert Hellinger,whose purpose, through
representations and images, to find the most appropriate order of love for a given family
system or other human grouping system, under the pillars of three major systemic laws universally applicableto family arrangements and their transgenerational connections:
Law of Belonging, Law of Hierarchy and Law of Balance.The general objective of the
research is to understand the method and its application in the Judiciary, in addition to
mapping the diagnostic situation of Brazilian courts of justice. For this purpose, the
investigative trajectory used deductive logic, with qualitative and quantitative approach,
and developed in two dimensions: theoretical and empirical. Theoretical exploratory
research taked place in two phases. The firstbegins a theoretical introduction to the
method, in the light of Bert Hellinger's theory; in the second, an interdisciplinary study
of the unprecedented application of the Family Constellation in the Brazilian Judiciary
and Systemic Law is undertaken, with the theoretical contribution of the creator of the
concept of Systemic Law, Judge Sami Storch. In the empirical dimension, the research
conducted a diagnostic survey on which and in what situations the courts of justice in
Brazil adopt the institute, in order to understand the contribution of Hellinger's practice
to social pacification, to the humanization of law and to the expansion citizenship in
multiport courts, in addition to acquiring practical-theoretical basis to propose to the
Tocantins State Court of Justice the implantation of the Family Constellation in the
forensic routine of the county of Palmas-TO, as a pilot project to be replicated to the
other counties of State. The results show that, except for the courts of justice of
Tocantins, Sergipe, Espírito Santo, Acre, Amazonas and Roraima, the other 78%
already apply, in some measure, the psychotherapeutic technique of the Family
Constellation in family matters, surchas divorce, alimony, child custody, stable union,
inventory, adoption, among others; on some criminal matters; in prisons; in cases of
domestic violence and of childhood and youth; in some civil cases, involving elderly,
bankruptcies and over-indebted; in cases of the second degree of jurisdiction. As
secondary results, the study identifies the chronology of the implementation of the
institute in each state; the type of bond of the constellators; the lack of general statistics
on the impacts achieved and the lack of institutionalization of the method as a public
policy in all courts surveyed.The research concluded that, despite the rapid advance
in the application of the Family Constellation in the courts of justice in Brazil and
themethod, it represents an advance in the humanization of law and in the expansion
of citizenship in multiport courts the experiences are isolated in some judgments, and
that the reduced number of well-trained constellators, the lack of qualitative and
quantitative statistical monitoring are obstacles to the advancement of the institute as
public policy. |