Perspectivas jurídicas acerca da violência obstétrica no Brasil

Abstract

This paper aims to analyze Obstetric Violence in Brazil. Specifically, the phenomenon of childbirth will be studied and, from this, it will be argued that Obstetric Violence is a practice that violates the sexual and reproductive rights of women. To this end, the problems of the realization of these rights and the civil responsibility of the health professional, in the figure of the doctor, will be faced. The study examines how Obstetric Violence is framed as medical error. Thus, we seek to understand that it can not continue to be examined in the light of medical error, as it often constitutes an abuse of rights, a kind of unlawful act ensured by the 2002 Civil Code. capable of covering some of the conducts of violence. In the end, we defend the need to move Obstetric Violence from the field of medical error to a specific type of responsibility, with specific punishment for this type of violence. In this study, with an essentially theoretical approach, the research method used was the bibliographic and the research technique was the indirect documentation.