VIOLÊNCIA CONTRA AS MULHERES: a in(efetividade) da Justiça Brasileira frente as transgressões dos Direitos Fundamentais nos casos de Violência Obstétrica

Abstract

Obstetric Violence is a topic that is still little discussed in the academic and social environment, which contributes to the lack of knowledge and inability, even of the victims themselves, to identify transgressions as acts of physical and psychological violence. There is no specific classification and sanction for the professionals who commit the act, and in the face of such a legal gap, the judge has to use different laws, such as the Penal and Civil Code to try to solve specific cases. Throughout this article, the concept of Obstetric Violence is presented, the behaviors that characterize it, as well as the legal way in which the responsibility of those who practice it is processed. The methodology used was bibliographic research, operating the revisiting of materials published on websites, books, scientific articles, dissertations and theses. The hypothesis initially considered was confirmed, in the sense that Obstetric Violence can cause serious physical and psychological consequences for mothers and their children and that the Brazilian State is still unable to protect the rights of the parturient, which therefore violates the fundamental foundation of the 1988 Federal Constitution, the Dignity of the Human Person.