Dor de parto: análise jurídica acerca da violência obstétrica no Brasil

Abstract

Obstetrics is translated as the mastery of the woman's body and reproductive processes through the use of dehumanized treatments of violence, abusive medications, unreasonable jokes and the pathologization of natural processes. Unless, considering a quarter of dystotric women in the Mal Security System, that we still suffer from this violence, and that violence of this health rate is 5%, we have that it consists of a single health problem. of health, being, therefore, a duty for the State, which has the obligation to prove ways and means for it to be prevented and repressed, including the adoption of more effective and severe public punitive measures. Therefore, considering the absence of a federal law on the subject, the judicialization of the demands pervades the Civil Law, from the point of view of illicit act and medical error, suitable for compensation. Thus, judicial violence also has in the cases of reference to this manifestation of gender violence is fundamental, aiming to understand how the Brazilian State has acted to minimize and hinder the obstetric law, cases to the existence of federal violence that it has, this being the objective of this work. For this, the present study of the use of the comparative scientific method, through which it sought to contrast cases of obstetric violence that reaches the Brazilian Judiciary and the institute of civil liability. The research, in turn, took an explanatory form, with the objective of identifying the factors that contribute to such results. The research procedure used was the bibliographic, through which data from previous research on the subject were used. In addition, there was a judgment of the courts regarding the analysis of obstetric violence available on specific search platforms for jurisprudence on the internet. Finally, based on the present work, there is still a lot to be done to overcome the current rates of obstetric violence in the country, and it is urgent to create a law that denotes and informs it, so that, from the establishments of new rights, inspections and determination, motherhood is less arduous.