Com dor darás à luz: aspectos jurídicos da violência obstétrica

Abstract

Historically, it is possible to see that the trajectory of women is marked by a constant struggle in a society that is resistant to accepting them as real subjects of rights. Although, in this constant battle, several guarantees have already been acquired, some of them have, in practice, limited effectiveness, i.e., when we analyze it from this point of view, it becomes evident a persistence regarding the maintenance of violence against pregnant women, women in labor or giving birth: obstetric violence. Therefore, we sought to answer the following problem: what are the legal consequences of obstetric violence and what is the responsibility that arises from it to the Brazilian State? In this perspective, this monograph aimed to analyze the reasons why there is still an omission regarding the recognition of this type of conduct in front of women who are in one of the most delicate moments of their lives and also sought to explain how the origin of obstetric violence occurs from a gender issue rooted and still reiterated in the Brazilian legal system. Thus, using the deductive method of procedure, this research aimed to examine how current legislation treats obstetric violence, clarify how the lack of specific protection for women in vulnerable situations characterizes obstetric violence and analyze how there is still a neglect as to the recognition and enforceability of women's reproductive rights. Furthermore, the methods of statistical, typological and functionalist procedure were used, together with documentary and bibliographic research techniques, seeking to critically analyze this phenomenon in order to contribute to the development of more relevant information about the topic. Thus, obstetric violence was understood as one more of the multifacets of a gender issue that for a long time has been maintained in Brazilian law, understanding that in addition to the recognition of this violence through specific legislation, a profound social change is necessary regarding the treatment of the fundamental and reproductive rights of women so that it is possible to move towards a scenario in which the protagonism of childbirth becomes female again, with attention to what is inherent to women: dignity, equality and safety.