Direito Sistêmico: a aplicação das constelações familiares nas ações de guarda com a finalidade de cessar a alienação parental

Abstract

The present course conclusion work dedicate to the study of Systemic Law, under analysis of the application of the dynamic family constellation in the legal environment, more specifically in family matters. The thematic focus is on the use of constellations in custody actions in which the presence of the phenomenon of parental alienation is verified, in order to stop its occurrence. The general objective of the research is to analyze the use of this dynamic in these actions and how such an application can be useful to identify and / or interrupt alienating patterns. The methodology focused on bibliographic research related to the theme, dedicating itself to seek information about the foundations of the family constellation and the other institutes studied and qualitative exploratory research through interviews with specialists in the area, in order to understand the functioning of the application of the constellations in legal practice. From the methodological apparatus it is possible to see that the dynamics of the constellations, when applied in the laws related to the custody in which there is the occurrence of parental alienation, present satisfactory results to the parties and the progress of the process. This is because the operator of the law, acting with a phenomenological stance, contributes so that those involved in the conflict are treated in a more humane and less adversarial way. Thus, it is guaranteed that an effective participation of the litigants in the process, which will contribute to the identification of the reasons for the alienation in the specific case. And then, from the broadening of the look at the potential resolution of the conflict, the parties have an easier time identifying the systemic entanglement in the cause and resolving the dispute, ending the process with effective aptitude for guaranteeing peace and balance in the litigants' family system.