Prison Population and Obstetric Violence history, legislation and contemporary aspects

Main Article Content

Suzana Vasquez Lamartin e Souza
Renata Salgado Leme

Abstract

Background: In recent years there has been a growing debate about obstetric practice, raising questions about the validity of the traditional care model. This has made it clear that measures without scientific backing or reasonableness have become part of care routines, gaining a place of normality, even though many of them mean violating the principles of autonomy, privacy and non-maleficence. Although any woman who is pregnant is likely to experience this, it is known that her social condition, class and color are relevant factors in making her a victim of this practice, with the prison population being triply exposed. Objective: The aim was to evaluate obstetric violence based on its historical evolution, the presence of legal protections and whether these are applicable in the daily life of this segment. Method: we used the deductive method with a narrative review. Results: The findings fall short of the progress already made by neighboring countries: there is no federal legislation that defines acts of obstetric violence, which has a direct impact on combating it, and the ordinances and regulations that are used to define obstetric care in the prison population do not cover the rights of the majority of the female prison population. Conclusion: Although there has been general progress compared to previous decades, it will be necessary to broaden the debate, making awareness of the problem uniform throughout the country, prioritizing the ts legal conceptualization and providing penalties for institutions that commit it, in order to make the process of gestation and childbirth dignified, regardless of who experiences it.

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Author Biographies

Suzana Vasquez Lamartin e Souza, Universidade Santa Cecília

Master's student, PPGD in Health Law - UNISANTA

Renata Salgado Leme, Universidade Santa Cecília

Graduated from the Faculty of Philosophy, Letters and Human Sciences at the University of São Paulo (1987). Graduated in Law from the Catholic University of Santos (1992). Master's degree in Law from the University of São Paulo (1998). PhD in Law from the University of São Paulo (2004). PhD in Law recognized by the Directorate-General for Higher Education - DGES of Portugal. Full Professor at the Santa Cecília University - UNISANTA, in the Undergraduate Program of the Faculty of Law, in the Undergraduate Program of the Faculty of International Relations and in the Master's Program in Health Law: Member of the Health Law Committee of the OAB Santos.

How to Cite

SOUZA, Suzana; LEME, Renata. Prison Population and Obstetric Violence: history, legislation and contemporary aspects. Unisanta Law and Social Science, Santos, v. 13, n. 2, p. 381–398, 2024. DOI: 10.5281/zenodo.14510724. Disponível em: https://periodicosunisanta.ojsbr.com/LSS/article/view/2514. Acesso em: 17 mar. 2026.