OBSTETRIC VIOLENCE FROM THE PERSPECTIVE OF WOMEN’S FUNDAMENTAL REPRODUCTIVE RIGHTS

Abstract

We analyze obstetric violence in Brazil as a severe violation of the fundamental rights of women. We investigate the central problem of how the legal system addresses this reality and to what extent the absence of specific federal legislation compromises the protection of female autonomy. We aim to legally analyze this violence, identifying its various types and the legislative proposals that seek to fill the current legal gap. To this end, we use a qualitative research methodology, based on a bibliographic and documentary review of current norms, scientific articles, and recent statistical data from the Oswaldo Cruz Foundation. As results, we find that obstetric violence affects the majority of Brazilian parturients, occurring with greater severity among Black women and those with lower levels of education, which reveals a scenario of institutional racism and socioeconomic selectivity. We verify that, although the Judiciary uses the Civil and Penal Codes in a subsidiary manner to support compensation, such practice is inadequate to prevent systemic abuses and ensure proper punishment. We conclude that the omission of the federal legislator generates legal uncertainty and perpetuates the disrespect for human dignity in the hospital environment. We argue that institutional transformation depends on the approval of laws that criminalize obstetric abuse and ensure full respect for the birth plan, guaranteeing that childbirth is a moment of self-determination and not of state negligence.