THE CRIMINAL TYPIFICATION OF OBSTETRIC VIOLENCE: LIMITS AND POSSIBILITIES FOR THE LEGAL PROTECTION OF WOMEN IN BRAZIL

Abstract

This study aims to understand the need for and challenges in criminalizing obstetric violence in Brazil, analyzing the limits and possibilities to ensure more effective legal protection for women. The absence of specific legislation on obstetric violence in the Brazilian Penal Code makes it difficult to hold health professionals accountable and defend the rights of victims, who often suffer from abusive, negligent, or disrespectful medical interventions during pregnancy and childbirth. Currently, these cases are classified under generic criminal offenses, such as bodily harm, crimes against honor, abuse of authority, and, more seriously, homicide, or that do not address the specific nature of obstetric violence and prevent an adequate judicial response. The study proposes that specific legislation could not only facilitate proving the crime and holding those involved accountable, but also promote more humane care practices. It is concluded that the specific criminal classification of obstetric violence is a necessary step towards protecting women's reproductive and human rights and promoting respectful and ethical care in the Brazilian health system.