VIOLENCIA OBSTÉTRICA Y RESPONSABILIDAD CIVIL DE PROFESIONALES E INSTITUCIONES DE SALUD: UM ANÁLISIS CRÍTICO

Resumen

This article seeks to discuss how to address obstetric violence, defined as a set of abusive practices that occur during pregnancy, childbirth and postpartum, involving everything from physical and psychological abuse to invasive medical procedures without consent. The investigation identifies that the lack of specific legislation makes it difficult to punish those responsible and guarantee the rights of victims. It also analyzes the most common forms of obstetric violence, such as episiotomy without necessity, indiscriminate use of oxytocin, Kristeller maneuver and lack of respect for informed consent. The legal aspect, the work examines the civil liability of health professionals and two hospitals, highlighting that the liability of doctors is subjective, while at two hospitals it can be objective. This study also discusses reparation of damages, which may include compensation for moral and material damages. The research follows a qualitative and bibliographic approach, analyzing documents, legislation and jurisprudence to understand the challenges in the responsibility of the agents involved. I concluded that it is essential to strengthen public policies and professional training to guarantee a humanized and respectful birth.