Os contornos jurídicos da responsabilidade civil em decorrência da violência obstétrica

Abstract

The present final paper intends to examine the legal aspects of civil liability arising from the practice of obstetric violence, in order to understand the legal possibility of the claim for compensation for damages, its types and the treatment on Brazilian legal system, and was used the methodology of narrative literature review type. The first two chapters contextualize the issue of obstetric violence as a structural phenomenon, while highlighting the dispute over its concept and, especially, naming. In the last chapter, there is a review of the fundamental elements of civil liability, conduct, damage, causal link and culpability in the light of obstetric violence, in addition to the problematization about the adoption of the model of "medical malpractice" by the judicial precedents. The results point not only to the need for official recognition of the term obstetric violence by the government, but also the development of specific legislation aimed at protecting pregnant women, parturient and postpartum women, in order to overcome the application of the medical malpractice model in the system of the duty to compensate arising from obstetric violence.