OBSTETRIC VIOLENCE: THE TRAP OF A CULTURALLY STANDARDIZED CRIME

Abstract

Obstetric violence is characterized by the imposition of harmful interventions on the physical, psychological and/or sexual integrity of pregnant women, who are or have just given birth, affected by health professionals, as well as by institutions, whether public or private. This article aims to analyze obstetric violence and how this practice has been growing in the world, turning a moment happy and especial experience of a mother into a traumatic one. In this perspective, the objective is, at first, a historical-social explanation of how women were inserted in hospitals, the conceptual construction and the forms and manifestations of this type of violence from the perspective of gender violence and women's rights, punctuating the material rights violated in the constitutional provisions that guarantees protectionist rights for parturientes and their newborns, as well as the protected rights affected by obstetric violence for example, the dignity of the human person. Score on initiatives in the Brazilian sphere, with recommendations through ordinances and resolutions, as well as legislative initiatives at municipal, state and federal levels, in particular Federal Law 11.108/05, which changed the SUS Law guaranteeing the presence of a companion for pregnant women and parturients. Then, for a perfect understanding of Criminal Law, it is essential to study the theory of legal good, as well as Criminal Law as the ultimate ratio legis and the need for the criminal legal system to act, as a punitive institute, fundamental in the search for a purpose Social. Using the exploratory methodology, through a bibliographic research, developed from material already elaborated, constituted of books, monographs, dissertations, theses and scientific articles. Finally, in view of the research carried out, a legislative flaw in the protection of victims of obstetric violence was perceived, since the lack of a specific criminal type on the subject has caused the victims to feel insecure and unpunished.