PARTURIÇÃO DIGNA: UMA ANÁLISE JURÍDICA DA VIOLÊNCIA OBSTÉTRICA COMO VIOLAÇÃO DOS DIREITOS FUNDAMENTAIS DA MULHER

Abstract

Pregnancy, a unique and vulnerable moment in a woman's life, faces an environment that can provide moments of great joy, however, it can also provide moments of great pain. Obstetric violence emerges in this scenario as an ethical and legal problem, where women have their rights to physical, mental and emotional integrity being suppressed. The present work aims to address the issue involving obstetric violence in the Brazilian context, highlighting the urgent need to face this challenge to guarantee the protection of the dignity, autonomy and health of women during the pregnancy-puerperal cycle. The study verifies humanized childbirth as a fundamental right of women, based on the analysis of the specific case in Appeal n.º 0001314-07.2015.8.26.0082 of the Court of Justice of the State of São Paulo. To this end, the hypothetical-deductive method was used, in relation to the approach, and, in terms of the procedure, monographic and bibliographic/documentary research technique. Thus, as a form of contribution to the legal debate on the topic, it was found that the specific case raises awareness of the value of protection against obstetric violence as a promotion of fundamental human rights in our society.