A intervenção do direito penal no enfrentamento da violência obstétrica

Abstract

Obstetric violence has been understood as a public health problem that, very quietly, has been spreading rapidly in society. In this way, women and Newborns who protect the moment of delivery, end up being victims of doctors and health professionals. In this sense, this article will address the theme, starting a historical and conceptual exposition of this type of violence, going through actions and programs that were developed in order to minimize this problem. The objective of the present study is to analyze the intervention of Criminal Law in the confrontation of obstetric violence in the light of the bills in progress in the Chamber of Deputies. Therefore, chronologically they were responsible for the bills that deal with the subject, with subsequent analysis on the contribution of each one to the fight against obstetric violence and the implementation of public policies. In addition to the law proposals, bibliographic research was used in the methodology, based on scientific articles, books and theses. Finally, the possibility of criminal liability for aggressors who practice acts that are characterized as obstetric violence is studied. Thus, there was a failure to communicate with Brazilian society on the subject, in addition to identifying deficiencies in the actions to protect victims, as well as legal ineffectiveness due to the lack of specific legislation, leaving women with a feeling of impunity.