Violência obstétrica no Brasil: comprovação e eventual punição

Abstract

This paper analyzes obstetric violence in Brazil, its manifestations, legislative gaps, and the challenges in holding health professionals accountable. The study demonstrates that this form of violence, although widely recognized by international organizations as a human rights violation, still lacks specific criminal typification in Brazilian law. Through literature review, analysis of bills, and judicial precedents, the research identifies procedural, cultural, and institutional barriers that hinder access to justice and perpetuate impunity. It proposes the creation of a unified national law, the training of legal and health professionals, and the promotion of humanized childbirth practices as strategies for prevention and response. The study concludes that obstetric violence reflects a patriarchal and institutionalized social structure, whose eradication requires integrated public policies and a strong state commitment to women’s dignity and autonomy.