A incidência da responsabilidade civil em casos de violência obstétrica

Abstract

Pregnancy and giving birth are important moments in a woman's life, however these moments still represent traumatic memories for those who felt abused, disrespected and violent during the health care they underwent from prenatal care to the immediate postpartum period. These violent and disrespectful practices are nominal obstetric violence. With the constitutionalization of civil law, there was a greater concern for the protection of the individual's intimate sphere in relationships, even in the bonds between individuals. Thus, more and more hypotheses that generate damage to the intimate sphere fulfill a general civil liability clause. In this sense, obstetric violence fits into one of these hypotheses, however, because it is a trivialized and invisible violence, permeating through issues such as patriarchy and capitalism that hinder its categorization and, consequently, its accountability, the present work had as a problem investigate the extent to which obstetric violence entails a treatment of civil liability, with the general objective of analyzing the damage caused by the type of violence from the perspective of the configuration of civil liability. The present work was developed with the financial assistance to support course completion work, notice No. 01/2020-TCC-DIR / ICS. Based on bibliographic and documentary methodology with a study of decisions in court cases, we sought to test the following hypotheses: 1) the recognition of accountability in cases of obstetric violence; or 2) there is no recognition of accountability in cases of obstetric violence. Concluding that there is the occurrence of both hypotheses. Thus, there is recognition of accountability in cases of obstetric violence as a damage that can be compensated, mainly in relation to its moral character, and when there is no recognition of obstetric violence, this occurs by the configuration of violence as a medical error.