Jaqueline Cherulli
Brazil

Jaqueline Cherulli

Systemic Law
Judge of Law of the Court of Justice of the State of Mato Grosso

Lectures

[Day 2]
14:30 pm - 16:30 pm
Theme: Systemic Law (Room 2)

BIOGRAPHY – Jaqueline Cherulli

Jaqueline Cherulli, master’s student in Philosophy by Unisinos. Post-graduate in Constellations applied to Systemic Law by Hellinger Schule, Hellinger Sciencia, Innovare. Specialization in Judicial Power – MBA – by the Getúlio Vargas Foundation – FGV – Extension in Structural and Systemic Constellations by SySt®. Extension in Organizational Constellations by Hellinger®schule. A precursor of the Law 13.058/2014 – (Shared Custody) – and author of the text that justified the bill that changed the Brazilian Civil Code. Speaker at numerous national and international congresses, about shared custody, parental alienation, systemic law, systemic view of law and the application on systemic justice in the Judicial Power. Idealizer of the Primer of Shared Custody and the Primer “Don’t hide, report it!”, informing children, teenagers and family about bullying and psychological, physical and emotional violence, both published and distributed by the Justice Court of Mato Grosso State. Author of the preface of the first published work about Systemic Law in Brazil (2017). Articles, interviews and download material: www.cienciasistemica.com.br.

Jaqueline Cherulli, graduated in Law by the Direito Rio-pretense College (1987). Judge of Law in the Court of Justice of the Mato Grosso State (1998). Holder of the 3rd Family Court of the District of Várzea Grande. Graduated in mediation (CNJ), integrative systemic coach (AICIS), creator and coordinator of the Systemic Law Workshops of the Court of Justice of Mato Grosso State (2015). Teacher at the Catholic Faculty of Cuiabá and the OCA Institute. She has a degree in Restorative Justice from the National School of the Judiciary – ENM (2016). Workshop participant at AJURIS with Kay Pranis – 2017. Extension at the Zerh Institute for Restorative Justice – Harrisonburg – USA. Member of NUGJUR-MT (General Nucleus of Restorative Justice). Teacher of courses taught at the Judiciary Schools of the State of Rondônia- EMERON, of the State of Ceará – ESMEC, State of Mato Grosso – ESMAGIS; at the University of Caxias do Sul – UCS and CELP. Extension in Training of Trainers – FOFO, with ENFAM – National School for Training and Improvement of Magistrates. Creator of the course “Turning the Key of Communication – CNV (Non-Violent Communication)” and of systemic materials (panels, phrases and circles) used in the face-to-face and on-line workshops, lectures, in the systemic practice workshops and the setting of the Centers Judiciary of Conflict Resolution and Citizenship – CEJUSCS_MT. Trainer of the courses accredited by ENFAM in Restorative Justice and Non-Violent Communication (in-person and distance learning).

 

WORKSHOP – Jaqueline Cherulli

A SYSTEMIC VIEW WITHIN THE SCOPE OF THE BAZILIAN JUDICIARY

Having a systemic consciousness allows us to adopt, from a perspective where we look at the big picture, a posture that leads to the analysis of the situations and relationships in a wide, connected, and humanized way. I am in the Judiciary Power for little over 22 years and perform in family areas in the last 17 years ago. But it was only in 2015, that I proposed to work in the Judiciary Power of the State of Mato Grosso with Systemic Law – expression that began to be included and registered in the Brazilian juridical order, by means of the Court of Justice of Bahia judge, Sami Storch, who introduced Hellinger’s reflections in the scope of the Brazilian judicial power, by making use of the philosopher’s teachings to ground his understanding and performance in the search for law and justice to all. What began as an intimate project, but a bold one, today represents a program focused on the procedural questions in which works are performed in the 1st degree processes and in the appeal processes in the TJMT.

The program was adjusted and, during the covid-19 pandemic, resulted in the “Systemic Integrative Experiences”, project that I developed from the knowledge and experience exchange acquired about the Hellinger’s teachings and with which we are preparing to act also in the pre-procedural questions of the PTJMT (Judiciary Power of the State of Mato Grosso).

The adoption of practices guided by the philosophical science of Bert Hellinger, allows for a performance turned to request and litigation reduction in the Judiciary Power by means of integrative movements and approaches which seek to pacify, and at the same time that, the litigations inserted there, translate into an increase in the percentile of resolution due to the pre-procedural and procedural reconciliation.

By approaching the “systemic” question, coming from Hellinger’s science, we seek to present a vision that foresees the perception of the interactions between the parts to the composition of the whole. It’s about recognizing the existence of hierarchical organized systems, which, in each level of complexity, possess properties that cannot be understood fully if they are only taken into consideration isolated from each other, since, in each level, the whole will always be more than the sum of its parts, understanding which is also represented in R. Sheldrake studies.

In that sense, Systemic Justice, in the light of Hellinger’s conception, dialogues with the Multidoor System made available by PTJMT, since it possesses in its core “a non-formal way to act to which we call posture. Hence the fundamental key of Systemic Justice: the Law provides what-to-do. On the other hand, the systemic principles and its posture articulate the how-to-do – the posture.” (OLIVEIRA JUNIOR, s.d.)[1], showing as a substantiated approach and supported by law, which allows the adoption of dynamics that access what exists behind the conflict between people who search for the judiciary, promoting, in this way, the conciliation and aggregated solution to a reconciliatory and pacifying result and, beyond rates and institutional goals, a true reconciliation of the being with himself.

Such skills – combined to knowing how to do – developed within Hellinger’s conceptions, took me to adopt a posture of non-judgement, that doesn’t “make” solutions, that doesn’t wish to save anyone, but one available to look at each individual and his/her destiny, with respect. To listen to every story with no intention to intervene. To deal with the conflicts that are presented with an exempt observation, in which it becomes possible to identify the feeling, the unattended need of the individual and, with that, brings light to the implicit request, and from it the exempt view of judgement, that welcomes everything and excludes nothing.

From this conclusion, active listening is developed; the expressed need is accepted and the person and the need are seen, and, from that stage, we can contribute, by showing a new way to “look” to the question e with that to facilitate the path that may lead to a pacifying result for the involved parts, since by undertaking on the Hellinger science, with posture (Systemic Justice), in the field of Systemic Law, it becomes possible that each case is redirected to the most appropriate method to its resolution.

The relevance of events that act to spread this systemic vision in the judiciary scope allows that a new way to understand the facts that transcend the relationships of those who take part in the process to be taken to the law exercisers, since knowing these differences helps to find a more effective solution to the controversies, liberating, at the same time, the parts to resume and follow with their lives.

[1] Disponível em: https://www.justicasistemica.com.br/cap-ebook-novo-olhar-para-a-resolucao-de-conflitos/. Acesso em: 15 jul. 2020.

LECTURE – Jaqueline Cherulli

Jaqueline Cherulli

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