Violência obstétrica : o impacto da lacuna legislativa sob o aspecto da interseccionalidade

Abstract

Obstetric violence is a conduct that violates women's reproductive rights, and it can occur during the gestational period up to breastfeeding. The hypothesis of this work is to analyze the relationship between patriarchy, structural racism, and biopolitics from an intersectional perspective, which endorse the behaviors of healthcare professionals in violating women's reproductive rights and transforming childbirth from a biological and natural event into a pathological and medicable one. Additionally, it seeks to demonstrate the immediate need for the creation of a criminal law to preserve the dignity of women and their babies, as well as to reaffirm female autonomy over their bodies. Qualitative bibliographic research was conducted to obtain the data, using exploratory methodology through scientific articles, monographs, dissertations, books, and reports from public bodies, as well as non-governmental organizations. The results revealed that obstetric violence is one of the manifestations of gender-based violence, and the existing mechanisms in Brazil to address this practice are insufficient, thus requiring a specific criminal law on the subject to protect victims and eliminate the sense of insecurity and impunity.