A violência obstétrica e os direitos da parturiente: a proteção contra essa violência de gênero por meio da legislação

Abstract

Currently, Brazilian women suffer from the problem of obstetric violence, although recurrent, it is not always possible to identify it, due to a created understanding that childbirth is a moment of necessary pain. In addition to its identification, it is difficult to combat it since parturients do not have a specific law to resort to and seek protection. This research carries out a theoretical study on the absence of specific legislation against obstetric violence. Thus, it aims to demonstrate the importance of legislation in guaranteeing the rights of parturients, as a way of combating obstetric violence, from a gender perspective. For this, the legal, historical and social elements that contribute to this scenario are analyzed, allowing to verify the influence of patriarchy and gender violence for the perpetuation of this violence. From this research, it was concluded that the efforts made by the Brazilian State, through the creation of some legislation in relation to childbirth, are not enough to safeguard the dignity, autonomy and health of women and their babies.