A aplicação da constelação familiar em casos de violência doméstica e guarda de filhos: uma análise crítico-teórica feminista sobre revitimização, violação de direitos fundamentais e demais impactos no público infantojuvenil

Abstract

This study aimed to critically investigate the use of Family Constellation in cases of domestic violence and its impacts on children and adolescents, as well as to analyze the revictimization of victims and discuss possible violations of fundamental rights. As a methodological approach, the study employed the deductive method and a hermeneutic perspective, conducting a bibliographic review to analyze the introduction of Family Constellation practices by the Judiciary, especially in cases of domestic violence and child custody. The research delved into studies focused on a critical-theoretical feminist perspective regarding revictimization, fundamental rights, and the impacts on the child and adolescent population, seeking to correlate the application of these techniques with violations of the Brazilian legal framework. From a theoretical-doctrinal standpoint, the study was supported by authors such as Paulo Lôbo, Ingo Wolfgang Sarlet, and Flávia Lages. In the final considerations, the research indicates that, although Family Constellation is proposed as a consensual solution to conflicts, its application may, in practice, contribute to the perpetuation of domestic violence and the patriarchal system, in disregard of fundamental rights, which, directly or indirectly, also affects the rights of children and adolescents involved in such proceedings.