OBSTETRIC VIOLENCE FROM THE PERSPECTIVE OF CRIMINAL LAW: CRIMINAL LIABILITY FOR ABUSIVE PRACTICES DURING CHILDBIRTH

Abstract

This paper analyzes obstetric violence from the perspective of Criminal Law, examining the possibility of criminal liability for abusive practices occurring during childbirth in Brazil. Obstetric violence manifests through dehumanized and authoritarian conduct performed without the parturient's consent, violating fundamental rights such as human dignity, physical and psychological integrity, liberty, and female autonomy. Despite its severity, such practices still face difficulties in being recognized and addressed within the criminal sphere, primarily due to the absence of specific criminal classification in the Brazilian legal system. The central problem of this research consists of understanding how Criminal Law can be applied to combat obstetric violence and which factors contribute to the persistent difficulty of criminal accountability. The hypothesis is that the convergence of medical authoritarianism, the naturalization of gender inequality, and the fragility of the criminal system favors impunity for these conducts. The research adopts a qualitative methodology, developed through a bibliographic, documentary, and jurisprudential approach. It concludes that, although a specific criminal offense does not exist, obstetric violence can be categorized under several crimes already provided for in criminal legislation, highlighting the need to strengthen criminal protection and establish more effective accountability mechanisms for the protection of women's dignity in the context of obstetric care.