Violência obstétrica: desdobramentos legais frente às controvérsias do tema e à ausência de tipificação penal.

Abstract

The current focus and the secular struggle of women wishing to guarantee and enforce their rights increases the concern for the less visible niches in this movement. In this regard, even though health is one of the pillars of human rights and an indispensable prerogative to achieve a decent standard of living; when it comes to women's health, there is still a lack of attention to the rights the movement hold, both by the State and a significant number of women themselves. Therefore, due to disinformation, non-compliance or violence, women's sexual and reproductive health rights are violated. Since the institutionalization of childbirth in the mid-sixteenth century; incorrect procedures, poor labor guidance and poor healthcare have been consolidated, used in pregnancy care, childbirth itself and also in the puerperium. Under the analysis of the research held by the Perseu Abramo Foundation and FIOCRUZ, as to the incidence of these facts - which is defined as “obstetric violence” - and with the support of scientific literature regarding the harms of poor guidance and care of pregnant women, the following questions arises: is there a violent spectrum that affects basic human rights even when a series of public policies that outline humanization guidelines in childbirth care have been created? What prevents obstetric violence from becoming positive so that the damage caused is properly repaired and penalized? The search for results for these questions culminated in a qualitative research carried out from a deductive perspective and that prioritized the definition of the problem in its roots, the concept of obstetric violence as a whole, and the establishment of its legal developments, in order to understand the means available for the protection of women and also the reasons that lead to the delay in approving bills of law capable of dealing with the violence classification, which would facilitate both access to justice and judicial activity. It is concluded, therefore, that the obstetric violence was sedimented due to its technical coating and the preponderance of the patriarchal culture that naturalizes the suffering in childbirth, makes violations invisible and obstructs the process both in the sphere of public policies and in the judicial field. In this sense, what is shown to be the most effective mean for changing this reality lies in the approval of bill No. 7,633 of 2014 combined with the criminal affirmation and consequent sanction for violating conduct. These combined with due supervision, can culminate in greater information and prevention of harmful practices, in addition to creating the guarantee of reparation and punishment, also serving as a guiding instrument for women, health and healthcare workers.