OBSTETRIC VIOLENCE: THE CULTURE OF ITS NORMALIZATION AND ITS LEGAL-SOCIAL IMPACTS WITHIN THE DEMOCRATIC RULE OF LAW

Abstract

This article will analyze the factors involved in and characterizing obstetric violence in Brazil, mainly regarding the culture that has normalized it within society, conducting an in-depth investigation of its legal and social impacts on the foundations of the Democratic Rule of Law. The scope will start from the premise that obstetric violence is not only the result of an isolated act, but rather, the continuation of gender-based violence that is historically dated, rooted in patriarchal foundations. Historically, there has always been the idea that women held the role of procreation and domestic work, removing them from important roles in society and within their own homes. This work supports the thesis that violence has been normalized by technocratic medical practices (FOUCAULT, 1979). The objective is to demonstrate how this culture of normalization erodes and contributes to the deconstitutionalization and violation of fundamental guarantees for women, such as the dignity of the human person. Even after legislative advances, such as the Maria da Penha Law and protocols created in the civil sphere, such as the accountability of health professionals who commit these acts, the lack of criminal classification and the culture of normalization hinder the eradication of obstetric violence. Thus, it is expected to demonstrate that the normalization of this violence, which goes hand in hand with gender-based violence, contaminates the entire judicial system, while perpetuating the impunity of these harmful acts against the parturient woman.