A utilização da constelação familiar nos centros de justiça restaurativa: limites e possibilidades no contexto socioeducativo de Sergipe

Abstract

This research examines the utilization of family constellation within restorative justice centers, probing the boundaries and potentials within the socioeducational context of Sergipe, Brazil. By scrutinizing the efficacy of the conventional justice model, the study proposes a reflection of constellations as a tool for conflict resolution, particularly in addressing infractions, in alignment with restorative justice practices. The central inquiry focuses on the role of constellations in assisting restorative justice in resolving conflicts stemming from juvenile offenses in Sergipe. The primary objective is to advocate for the implementation of systemic restorative justice in this context as a preparatory and enhancing resource for restorative practice. Employing deductive methodology, the study identifies limitations of the traditional justice system, particularly within the realm of juvenile justice, and introduces the multidoor system as a strategy to surmount these deficiencies, emphasizing diversified conflict resolution methods. The investigation delves into the theoretical and practical foundations of family constellations, tracing its lineage from Bert Hellinger's original formulation to its integration into the Brazilian legal landscape, with a specific focus on socioeducational conflicts. Relevance, legitimacy, and effectiveness are evaluated through literature reviews and doctrinal research Additionally, the research reflects on the integration of this technique into traditional restorative justice, aligning principles and considering the possibility of expansion through Howard Zehr's theory of restorative lenses. The flexibility and adaptability of the approach prove advantageous, particularly in situations where resistance to agreement implementation exists, offering an effective alternative in challenging scenarios and underscoring the importance of voluntary participation. The research concludes with an assessment of the feasibility of implementing systemic restorative justice in Sergipe, highlighting crucial opportunities for effective enactment through legislative adjustments, leveraging existing infrastructure in restorative justice centers, and employing community engagement strategies. This integrated approach aims to transform the dynamics of socioeducational conflicts, promoting a more inclusive and effective justice system in Sergipe.