Violencia obstétrica no Brasil: desafios e perspectivas

Abstract

This article aims to analyze the current situation of Obstetric Violence (OV) in Brazil, based on a legislative and jurisprudential analysis. Although it is not a well-known and commented subject, this specific form of violence against women is quite present in the country. Initiated in the disrespect for the woman's autonomy, permeating the body violence and the restriction of the most diverse rights, OV stems, especially, from the disparity of power between the victim and the health professionals, who use violent acts, although routine, to feedback the machine of violence that has become the birth of Brazil. Contrary to what has been done by other Latin American countries, Brazil has not yet created federal legislation on the subject and, although the states, individually, are seeking to legislate in this regard, the impact caused by such norms has not reached the federal level. The invisibility of OV has as its starting point the lack of knowledge about violent acts and extends beyond the probative difficulty, due, in particular, to ignorance about the concept of OV, which, added to the absence of federal legislation in this respect, generates the low incidence of the subject in the judiciary, as can be seen from research carried out in the Superior Court of Justice. It is, therefore, necessary a joint action between the legislative, executive and judiciary powers, to create laws and public policies for the dissemination, prevention and combat of OV, aiming to serve as a basis for the judiciary system to use in its decisions, establishing jurisprudence and constantly updating the understanding about these violations, aiming to protect and guarantee women's rights.