Violência obstétrica enquanto violência de gênero contra a mulher : uma análise sob a ótica do sistema jurídico brasileiro

Abstract

Obstetric violence is an archetype of gender violence, which has been legitimized, through unequal power relations, arising from a historical-social construction mostly patriarchal. It can be characterized by the appropriation of the bodies and reproductive processes of women by health professionals who provide their care. This process of appropriation manifests itself from the application of procedures and interventions without the consent of the parturient woman, to the vexatious and degrading treatment, which are practices that violate the rights of women in the most diverse spheres, considering that in these cases, they lose autonomy and decision-making power over their bodies, causing damages to these women that go beyond the field of obstetric health, because these practices constitute serious violation of rights of a fundamental nature. In this sense, this research presents the construction of obstetric violence as gender violence, from the study of power and its disparities, since it is through these inequalities that obstetric violence is legitimized. It also presents the characteristics of the practices used by medicine, which can be seen as violent, as well as demonstrates how important the process of recognizing obstetric violence in other South American countries is, since in the national legal system there is no legislation dealing with the matter, at the national level, although there are three bills in progress in the Legislative Chamber, which show great promise. Thus, the research shows the main points of each of these legislative initiatives, while presenting how the Brazilian legislative and judiciary acted in the face of this notorious legislative absence, reinforcing in this sense, the importance of the recognition of obstetric violence as gender violence, guaranteeing these pregnant women, legal security as to the defense of their rights, being essential the approval of a specific legislation that protects these cases.