Violência obstétrica: a (im) possibilidade jurídica de reparação civil nos casos de violência obstétrica no Brasil

Abstract

The following monographic work aims to analyze the (i)legal possibility of civil reparation in cases of obstetric violence in Brazil, with obstetric violence characterized by physical, moral or psychological integrity interventions of parturients, committed by health agents, and institutions linked to the care of women in their maternal phase. Aiming through doctrinal and jurisprudential investigation to determine what are the necessary factors for the determination of the quantum of compensation in the civil reparation on cases of obstetric violence. The construction of this work is divided into three chapters, the first being for the study of the historical and legal aspects of obstetric violence, encompassing its concept and its main characteristics; the second deals with the assumptions and types of civil liability in Brazil, demonstrating the responsibility of health agents; and the last chapter explains about the necessary requirements to indemnify moral damages in cases of obstetric violence, through a doctrinal and jurisprudential analysis. The methodology used is bibliographic research. Therefore, throughout this work, it was possible to arrive at the confirmation that the analysis of the indemnity quantum does not have legal support, however, civil reparation is possible with the assistance of the fundamentals of the law and the decisions of the Brazilian Courts.