A responsabilidade penal dos médicos nos casos de violência obstétrica no Brasil.

Abstract

This monograph analyzes the criminal liability of physicians in cases of obstetric violence in Brazil, understood as a serious violation of women’s human and fundamental rights. The first chapter presents the historical evolution and main concepts of the phenomenon, highlighting its different forms: physical, psychological, sexual, and institutional. The second chapter addresses the absence of a specific criminal classification of obstetric violence and the consequences of this legislative gap, investigating the applicability of existing criminal types, such as bodily injury, homicide, failure to provide assistance, unlawful constraint, and crimes against honor. It also examines the limits and challenges of holding physicians criminally accountable under current Brazilian law. The third chapter discusses legislative initiatives and public policies aimed at preventing and combating this practice, such as the National Policy for Comprehensive Women’s Health Care (PNAISM), the Stork Network, and Law No. 11.108/2005, which ensures the right to a companion during childbirth. The research adopts a qualitative and analytical methodology, based on bibliographic review, to identify legal gaps and propose ways to ensure effective protection of pregnant women’s rights. The study concludes that the creation of specific federal legislation criminalizing obstetric violence is urgent, together with awareness campaigns and professional training, in order to establish an obstetric care model grounded in dignity, respect, and justice.