CIVIL LIABILITY IN OBSTETRIC VIOLENCE: A JURISPRUDENTIAL ANALYSIS

Abstract

Civil liability is the need to hold someone accountable for harmful acts committed against others. In view of this, the objective is to discuss the civil liability that will fall on the health professional and on the hospital, more specifically what kind of responsibility and what is the view of the jurisprudence on the subject. To this end, aspects that cover both subjective and objective civil liability will be examined, simultaneously with the concept and types of obstetric violence that will be addressed in order to make the subject understand quickly and practically. Parallel to both subjects mentioned above, it will be dealt with the civil liability of the health professional and the hospital that will have the function of uniting the two topics. This discussion allows us to understand the difficulty of victims in proving the responsibility of professionals in cases of obstetric violence. To help with this understanding, in addition to jurisprudence based on the subject, the Brazilian Civil Code of 2002, Rui Stoco (2007), Adriano Marteleto Godinho (2021), Bodini (2021), Zanardo (2017), among others, will be used. For this purpose, a detailed study was carried out on the types of civil liability and each of its aspects and particularities, and where each of these particularities will fit in the conduct of health professionals and hospitals in cases of violence as cruel as obstetric, where numerous human rights, defined by the World Health Organization (WHO), which should be respected and followed, are easily ignored and disrespected.