A premente demanda por uma tipificação da violência obstétrica no Código Penal Brasileiro

Abstract

This research aimed to verify the pressing need for typification in the Brazilian Penal Code regarding the situation of Obstetric Violence in Brazil. It is a recurring issue in maternity hospitals across the country, but due to its atypical classification, it often falls under common crimes, civil liability, and, in many cases, neglect, resulting in no penalties for the perpetrators, with only minor administrative sanctions such as "warnings." Initially, an overview of childbirth throughout human history and the violence perpetuated against women during childbirth was presented. The study then examined the current context, highlighting many practices considered normal but that actually characterize obstetric violence. Subsequently, an analysis was conducted on the need to typify obstetric violence in light of events during childbirth that, while deemed conventional, are considered by the World Health Organization to violate human dignity, particularly that of women. The research underscored the urgent need in Brazil to criminalize harmful behaviors by healthcare professionals toward women and their babies during prenatal care, labor, and postpartum. Additionally, the study listed the Bills under consideration in the National Congress addressing this issue. The findings revealed the critical need to typify obstetric violence, as it infringes on fundamental rights, particularly the autonomy and dignity of women and their newborns. [resumo fornecido pelo autor]