VIOLÊNCIA OBSTÉTRICA NO BRASIL: PROJETO LEI N° 878 DE 2019 À LUZ DO PRINCÍPIO DA DIGNIDADE DA PESSOA HUMANA.

Abstract

This article aims to address the problem of obstetric violence in Brazil in the light of the principle of human dignity, demonstrating the notorious and regular transgressions of the rights inherent to the reproductive autonomy of pregnant women and mothers, above all, highlighting the feasibility of a legislative complementation with the approval of Bill No. 878 of 2019. It is initially presented with the approach of the intersubjectivity of existential autonomy, emphasizing the violation of the principle of human dignity and, consequently, the rights of personality, externalizing the offense caused the fundamental rights of women and the minimum conditions imposed on them in search of a dignified and ethical medical treatment in a moment of vulnerability. From this, obstetric violence is conceptualized, developing its main forms of manifestations, as well as highlighting the transgression of women's physical integrity, highlighting invasive, harmful and life-threatening practices, highlighting episiotomy, kristeller maneuver and the high percentages of cesarean sections in Brazil. Then, it illustrates the reality of Brazilian legislation on the subject, which proves to be fragile. And, finally, it presents bill No. 878 of 2019 as a facilitator for the prevention, social knowledge and correction of violent practices, as well as a way to restore victims' rights and ensure legal support. In order to achieve the desired objectives, we opted for the deductive method and documentary bibliographic research, using scientific articles, documentaries, online materials, legislation, jurisprudence and books on the subject.