THE LEGAL PERSPECTIVE OF OBSTETRIC VIOLENCE IN BRAZIL: FEDERAL OMISSION OR RESULT OF THE DECENTRALIZATION OF THE SUS?

Abstract

According to the World Health Organization (WHO), obstetric violence (OV) is characterized by disrespect towards women, whether physical or mental. Given the high number of reported cases of these institutional violations of women's rights and the omission of federal legislation, the central objective of this study is to analyze the impact of the decentralization of the Unified Health System (SUS) on the creation and implementation of policies to protect against OV. The methodology used was bibliographic and documentary research, including the search for international treaties and conventions that address the topic. At the national level, federal and state laws that deal with OV were surveyed, as well as health norms and protocols. The results indicate that at the federal level, there is no specific norm addressing the issue. There were subjective mentions of institutional violence in the Federal Constitution, the Penal Code, and the Civil Code. In contrast, it was found that 16 of the 28 states and the Federal District have norms that seek to protect and curb OV, with most states focusing on raising awareness and visibility of the issue as recommended by the WHO. Despite this, the WHO's recommendations should be adopted through a national norm that seeks a unified dialogue for the entire country, as established in Argentina, Venezuela, and Mexico. Finally, it is considered that for effective protection, it is essential to create specific norms, to train health professionals, and to raise awareness among the population about the rights of pregnant women.