Biodireito e bioética: violência obstétrica e seus impactos sociais e jurídicos, uma análise sobre a autonomia da gestante

Abstract

This paper aims to analyze obstetric violence and its social and legal impacts through the lens of bioethics and biolaw, with a focus on the autonomy of the pregnant woman. Obstetric violence constitutes a serious violation of women’s human rights, causing significant harm to their physical and psychological health. The research is based on a literature review, case study, and analysis of laws and jurisprudence, seeking to understand how such violence contradicts ethical and legal principles such as human dignity and shared decision-making. The effects of obstetric violence are devastating and affect not only women but society as a whole. In the legal sphere, although there is no specific criminal classification, accountability is possible under other criminal provisions, as well as in civil and administrative spheres. As an alternative to combating obstetric violence, this work proposes the strengthening of public policies aimed at the humanization of maternal care, the training of healthcare professionals, and the effective enforcement of women's rights, making them protagonists of their pregnancy and childbirth.