Justice and Law in Service of Love.
Human relationships pose the greatest challenge to humanity. Conflicts have existed since the dawn of human civilization, stemming from human interactions, and are essential to our evolution.
Conflict can only be resolved through the restoration of Peace and Balance within the Family System.
In the words of Bert Hellinger, founder of phenomenological and systemic analysis and family constellations, "every conflict is an approach, an intense approach. Because we need to include the other in our field of vision and expose ourselves to them."
Inspired by this broader view of conflict and the system of each party involved in the conflict, systemic law emerges, a term introduced by Judge Sami Storch and widely implemented in the Brazilian judicial system, with very positive results for the system and the parties in conflict.
On one hand, it allows, in certain cases, an alternative to the judicial route, if the parties can reach an agreement using other techniques brought by systemic law.
On the other hand, it also appears as a new alternative for conflict resolution, seeking an efficient solution, i.e., a solution that conveys to the parties their respective rights and obligations under the law, but also promotes the effective peace of that conflict, allowing the parties to maintain a good future relationship and feel comfortable with the solution found.
For this purpose, it is necessary to bring to consciousness issues often not seen, not taken into consideration, and that bring greater clarity, understanding, and empathy to the parties.
A judgment rendered by the judge rarely brings peace and harmony to the family system. Most of the time, it ends up further alienating the parties and fueling internal conflict.
Furthermore, the procedural instruction - the acts necessary for the assessment of evidence, the time inherent to judicial proceedings, and the atmosphere of tension - is harmful to all involved, generating, most of the time, great suffering and preventing the restoration of peace in a family system, especially when a romantic relationship and the lives of children are at stake.
"The traditional way of dealing with conflicts in the legal system is no longer the most efficient."
Finally, there is also an increasing disregard for judicial decisions by the "losing" party, making the execution of decisions difficult, clear proof that, indeed, in these Family Law matters, a decision imposed without understanding and acceptance by the parties is often ineffective.
This means that even after the action has been judged, all appeals exhausted, and the sentence enforced, the conflict persists.
The new approach of systemic law reconciles a legal perspective with a therapeutic perspective in which, in addition to the rules established in legal norms, systemic laws that specifically address human relationships, brought by Hellinger Science, are also applied.
This new perspective of law places people and their systems at the center and analyzes the origin of the conflicts at hand. Most often, many issues stem from blockages, traumas, and relationship difficulties that originated in the past, in the history of the family system, which later manifest in a particular conflict.
Through certain exercises, hidden dynamics in the family system that need to be seen to restore order, bringing together what was separated, providing relief to all family members, and eliminating the unconscious need for conflict, bringing peace to relationships, can quickly come to light, to consciousness.
This approach brings very positive results in Family Law actions (such as dealing with children during a divorce, parental alienation, domestic violence, inheritances, etc.) where it is essential for the parents to take an adult position and assume their share of responsibility in the conflict and a greater awareness of the origin of that conflict in order to pacify it. In most cases, the parties can reach an agreement.
Also in the field of Criminal Law, this new vision of Systemic Law has been applied with the aim of facilitating the pacification of conflicts and improving relationships, including the defendant, victim, and their respective families. It is not about preventing the application of criminal law but about bringing greater pacification, reducing recidivism, easing the serving of sentences by bringing to consciousness hidden dynamics that could bring greater understanding and a new narrative regarding the occurrence of a certain crime.
The same story can have several narratives, depending on who tells it and how they feel it. Pain, when not taken into account, leads us to a place of unconscious anger where we seek punishment and revenge. When it is seen and accepted by all, it leads us to peace, forgiveness, and Love. The facts are the same but the solution will never be the same.
"Every Human is an artist. The dream of your life is to make beautiful art.” Dom Miguel Ruiz
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