O direito à saúde da mulher contraposto a violência obstétrica nos hospitais brasileiros

Abstract

Obstetric violence is a harmful evasive act to pregnant women, committed during prenatal, childbirth, puerperium, and also occurs in cases of abortion by law. The present study analyzes how existing laws for the protection of obstetric violence in the light of the constitutional right to women's health, observing whether the current Brazilian legislation is sufficient for the protection of parturient women. For this, a research uses the deductive logical method, concurrently with the legal provisions, bibliographic review, research form and judged relevant to the matter. Therefore, as a result, the existence of obstetric violence is presented, as it is not literally recognized in the Brazilian legal system, providing support by equation among the most diverse legal, mainly consigned civil liability, through indemnities. We found that obstetric violence is a reality in different regions of the country, occurring both in public and private hospitals, with no effective measures to control the violence practiced, to be held responsible for the damages suffered, or to provide real protection for women. Despite the growth of laws that aim at greater protection for the person of women, with regard to the protection of pregnant women before, during and after childbirth, the State has only foreseen mechanisms of subsequent assistance, which are not effective to avoid the practice itself.