Violência obstétrica, parto humanizado e o sistema jurídico brasileiro: uma análise a partir da perspectiva da trilogia “o renascimento do parto”

Abstract

This paper seeks to analyze and discuss a specific form of violence against women: “obstetric violence”. An approach was made to the historical part that led to the institutionalization of childbirth, the concepts and forms of this violence. It was possible to reflect the process of medicalization of childbirth and its consequences, based on a Brazilian audiovisual media artifact. Therefore, the narratives of the trilogy of documentaries entitled "The rebirth of childbirth" were analyzed in order to understand how the discourses on violence, institutionalization and control over the body are deconstructed through the "return to the primitive", to the natural, to the humanized, to the sensitive experience and to the women's empowerment. Thus, as an alternative to combating this violence, the term "humanized childbirth" proposes that the phenomenon should be a moment in which women need to participate as a protagonist, triggering a birth in which their rights are recognized and respected, the procedures performed have real evidence and that unnecessary and invasive techniques are not used. Also, as sources of theoretical references, electronic articles were used, as well as books dealing with the subject. At a later time, there is a discussion about the legal consequences, through the research of laws, draft laws, international treaties, decrees and jurisprudence. It aims to analyze how the legislature and the judiciary are behaving on the subject, through the research of jurisprudence in the Courts. It is concluded that there is a legal gap with regard to the matter, since there is no federal law that addresses the issue, and the legislator must juggle the various provisions of each law so that any sanction can be applied and /or accountability against those responsible.