A possibilidade de reparação do dano em caso de violência obstétrica na rede pública de saúde.

Abstract

Obstetric violence is a topic that has recently gained visibility and affects the physical and psychological integrity of the vast majority of pregnant women. The present work seeks to analyze the practice of obstetric violence in the public health network, as well as the recognition of civil liability for damages resulting from this practice in the Brazilian legal system. This type of violence against women is rooted in the Health System and happens in a camouflaged manner through the improper use of the doctor’s technical superiority to the patient from which subjective or objective civil liability can culminate in the establishment of indemnities for moral and property damages. For this, the deductive method was used as the approach method, using observational method, as well as the exegetical-legal method, instructing the research with indirect documentation, through bibliographic research, with subsidies of national doctrine. The result of the research showed that obstetric violence in Brazil is much more common than imagined and that most women are unaware of this type of practice. In order to safeguard the Principle of Human Dignity to these women, it is necessary to clarify the unnecessary medical behaviors that characterize obstetric violence, in order to identify them as harmful conduct, amenable to reparation. This research culminated with the verification of the possibility of attributing objective responsibility to the public health network in cases of obstetric violence.