USO DA TÉCNICA DAS CONSTELAÇÕES FAMILIARES COMO RESOLUÇÃO PRECEDENTE DE CONFLITO NOS CASOS QUE ENVOLVAM A LEI MARIA DA PENHA

Abstract

The present work has as a premise to present succinct explanations about the application of the so-called Technique of Family Constellation, as an antecedent resolution of conflict, in cases involving Law 11.340/2006, known as Maria da Penha Law, which aims to punish agents who commit domestic and family violence against women. Therefore, it was adopted as a comparative basis for the preparation of this research, the interpretation of Resolution nº 125/2010 of the National Council of Justice - CNJ, as well as the Code of Civil Procedure and Law 9,099/95, so that these norms use the so-called alternative means of conflict resolution, among them, the so-called Family Constellation Technique, in order to bring a new perspective, in the search for a culture of peace. Although the use of the holistic technique incites increasing rates of extra-procedural agreements in the perspective of unburdening the judiciary and promoting the union of the family entity, it ends up ignoring countless historical struggles of the feminist movement as well as the prominence of the Maria da Penha Law. in support of women who have been victims of domestic and family violence. The present research was developed through the hypothetical deductive method, with the use of the bibliography selected for the elaboration of the same, such as the national legislation, as well as doctrinal and jurisprudential positions, emanating from jurisdictional bodies.