O uso do plano individual de parto como inibidor da violência obstétrica: uma análise do dualismo força obrigatória contratual versus inobrigatoriedade jurídico-positiva

Abstract

This article conceptualizes and characterizes obstetric violence in the light of the national legal system, taking into account the legal principles and biomedical ethics, and the publications of the World Health Organization and the Federal Council of Medicine on the subject. It exemplifies the cases of obstetric violence, through the Dossier Parirás com Dor and social research produced by the Perseu Abramo Foundation, focusing on three approaches: episiotomy, the “point of the husband” and the performance of surgical procedures without the application of anesthesia. In addition, it presents the Individual Childbirth Plan as a legitimate contract, effective in inhibiting acts of obstetric violence, as well as the possibility of its non- compliance, in view of the inexistence of a federal law that guarantees the right of Brazilian women to use it. you, and the doctor, the duty to follow it.