Responsabilidade civil por violência obstétrica como erro médico: análise da atuação do TJMA

Abstract

This research analyzes civil liability for obstetric violence, understood as a form of medical malpractice, focusing on the case law of the Maranhão Court of Justice (TJMA), Brazil. Obstetric violence consists of abusive practices during childbirth that violate women’s fundamental rights and demand legal accountability. The general objective is to investigate the legal framing of such practices and their civil consequences. The specific objectives are: to study general aspects of obstetric violence and its recognition as a human rights violation; to analyze civil liability for medical error under Brazilian law; and to examine TJMA decisions related to this issue. The methodology is qualitative with a deductive approach, using bibliographic research, document analysis, and jurisprudential review. The findings reveal that TJMA increasingly acknowledges obstetric violence, especially in cases involving lack of consent, technical errors, and violations of patient dignity. The court’s decisions are based on the Civil Code, Consumer Protection Code, and Medical Ethics Code. The study concludes that obstetric violence can be legally classified as medical malpractice, leading to civil liability. The court's approach demonstrates progress in ensuring the protection of women's rights during childbirth.