Violência obstétrica: aspectos jurídicos no Brasil

Abstract

Obstetric violence is characterized as any procedure, physical, psychological, verbal or even sexual, explicit or hidden, violent committed against women, by professionals in health institutions, at the time of prenatal, delivery, postpartum, childbirth or abortion. It is directly related to the history of childbirth, especially after the insertion of obstetric practice in medicine that led the conversion of childbirth from a natural fact to a dominated hospital event. Obstetric violence causes serious damage to women's rights, at significant times, by the conduct of behaviors considered common by most health professionals and even the victims themselves. Brazil is silent on legislation on obstetric violence, the conduct is not even typified in the Brazilian Penal Code. The framing of the practices of obstetric violence can indirectly guarantee punishment to the aggressors. This study proposes a dialogue about obstetric violence during childbirth in the hospital context, and how the most common practices fit into Brazilian criminal law. Using as a research instrument the bibliographic and documentary research of descriptive character to obtain the fundamental data. This led to the conclusion that abuse, maltreatment, neglect and disrespect during childbirth constitute a violation of the fundamental human rights of women, contrary to the internationally adopted human rights norms and principles set forth in the Federal Constitution and cannot remain clear and capable untyped of stopping obstetric violence.