Um diálogo entre a natureza humana e a visão sistêmica na promoção da justiça familiar

Abstract

The main objective of this research was to analyze systemic law from the perspective of human nature in classical philosophy as an adequate tool in solving judicial family conflicts. For the execution of the present work, it was necessary to present the basic principles of family law as well as some relevant legal institutes. Afterwards, an analysis was carried out on the effectiveness of the current means of resolving family disputes by the judiciary. Having found some shortcomings in the current system, it was necessary to reflect on the law for families from an axiological perspective. In order to understand the flaws in the current judicial procedure, it was necessary to carry out a rescue of human nature in classical philosophy in order to finally examine the adequacy of systemic thinking in judicial performance. It was concluded that a systemic approach is useful and effective in promoting justice for Brazilian families, as it is a mechanism capable of promoting judicial action based on a better understanding of human behavior and the deeper causes of conflicts that are taking place. The systemic view allows the judiciary to consider the emotional aspects that permeate the judicial demand and seek not just to make a decision, but in fact and effectively pacify the relationship between the parties, being, therefore, an important tool for the realization of human dignity and family and social harmony