THE PHYSICIAN'S CRIMINAL RESPONSIBILITY IN CASES OF VIOLENCE OBSTETRIC AT BIRTH

Abstract

Obstetric violence is violence that occurs during pregnancy, childbirth, birth and even after childbirth. Its practice occurs through harmful interventions to physical, psychological and/or sexual integrity. Although there is no specific criminal type to punish agents responsible for obstetric violence, the Penal Code has several provisions regarding the practice in question. This article aims to analyze the criminal responsibility of the doctor in cases of obstetric violence during childbirth, thus considering the relevance of knowing and discussing their duty towards the parturient at the time of childbirth. The objective is, therefore, to know the rights of parturients in the light of the Federal Constitution and other legislation that addresses the issue, as well as to identify the situation of the doctor as guarantor and to know the penalties applicable to the doctor in cases of obstetric violence. The methodology used in this study is the literature review, carried out by searching scientific articles, theoretical books, journals, as well as a database on websites that address the subject in question.