OBSTETRIC VIOLENCE AND THE LIABILITY OF THE MEDICAL TEAM: A LEGAL, ETHICAL, AND SOCIAL ANALYSIS

Abstract

This paper aims to analyze, from a legal, ethical, and social perspective, the responsibility of the medical team in cases of obstetric violence. In Brazil, the issue has gained prominence due to several cases of obstetric violence, such as that suffered by influencer Shantal in 2021, when the obstetrician responsible for her delivery insulted and embarrassed her during the procedure. The influencer reports that she only realized the severity of the violence suffered after watching videos of the birth, when she saw the obstetrician use profanity, expose her private parts to her husband and third parties, and adopt a violent technique during childbirth. Other cases that received significant media attention in Brazil include a ten-year-old girl, pregnant as a result of rape, who was coerced into not exercising her right to a legal abortion, as well as the case of a woman raped by an anesthesiologist during a cesarean section. These cases highlighted that obstetric violence is a reality in Brazil. Given this, the need for federal laws aimed at increasingly curbing such crimes became evident. This work was carried out through a simplified literature review, analyzing academic research and scientific articles addressing virtual pedophilia and child overexposure, including analyses of real cases, as well as research on the topic in Google Scholar, the CAPES Periodicals Portal, and SciELO. This study aims to demonstrate that obstetric violence is something to be combated; the cited evidence shows that this practice is far from being eradicated, therefore the need for specific laws to combat such practices is evident.