OBSTETRIC VIOLENCE: IN WHAT WAY IS THE MISREPRESENTATION OF WOMEN'S FUNDAMENTAL RIGHTS POSITIVE UNDER THE FEDERAL CONSTITUTION

Abstract

Obstetric violence is defined as any action directed at women, during pregnancy, childbirth and the postpartum period, and these actions are characterized as physical, moral and psychological violence, practiced by health professionals or others involved in the aforementioned moments. Moreover, it is also considered gender violence, since the cause of this aggression is simply the female condition. Given the above, the following problem arises: Does the lack of a specific law on obstetric violence hinder the effectiveness of the fundamental rights enshrined in the Federal Constitution? Accordingly, the general objective of the study was to analyze which fundamental guarantees are being disrespected when obstetric violence occurs, in addition to verifying which factors led to the breach of these rights. The study was developed through bibliographical research with a deductive approach, using scientific articles and doctrinal construction. It was concluded that the lack of information and focus on the subject means that obstetric violence is not known and recognized, which spills over into the increase in the number of cases of victims who are often unaware that their rights are being violated.