VIOLÊNCIA OBSTÉTRICA: Estudo sobre a responsabilização penal no Brasil

Abstract

The purpose of this article is to characterize and analyze the importance of criminal responsibility in cases of obstetric violence as a violation of women's human rights through the theory of objective imputation, and to present parameters for universal access to appropriate care for maternal well-being. Additionally, it explores the gaps in the current federal legislation on the subject and identifies the actions of the state in relation to the fundamental right to health. Guided by the principles of Biolaw and Bioethics, and the foundations of the theory of objective imputation, it is essential to create a specific federal law that ensures the protection of the rights of women in labor, in order to enable adequate evaluation and provide necessary support to victims in an effective manner. As for the methodological procedures, this study was classified as exploratory, with a qualitative literature review conducted to collect information on obstetric violence experienced by women, emphasizing the various aspects involved in this process.