Obstetric Violence Challenges and Perspective for Humanistic Protection

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Thaylla Monique dos Santos Silva
Thais de Camargo Oliva
Alder Thiago Bastos

Abstract

Background: Obstetric violence is a violation of human rights that puts the physical and mental health of the woman in labor at risk and, depending on its extent, can result in harm to the newborn. On the one hand, the right of the woman in labor to know all behaviors that may generate risks is supported by national legislation; on the other hand, in the Brazilian scenario there is a lack of information about the ethical and moral limits regarding the aforementioned behaviors that can cause serious harm to the human rights of those involved (mother and newborn). Problem: The problem arises when the legislation does not provide a clear definition of the limits of this form of violence, depending on a multidisciplinary interpretation that hermeneutically interprets aspects of the right to health and dignity of the woman in labor, since, in the latter, they are inherent to the doctor-patient (and other people involved in the multidisciplinary team). Objective: The focus of the research is to demonstrate that obstetric violence is not easy to identify, because, despite the doctrinal and legislative aspects that attempt to combat it, initiatives to protect parturient and minors are still timid victims of obstetric violence, violating the social right to health and individual human dignity. Methods: Through a bibliographic review and hypothetical-deductive methodology, supported by publications available in physical and digital media, we sought to approach the scenario of obstetric violence from a humanistic perspective and outline some developments on the subject in the Brazilian legislative scenario. Result: From this study it was found that Brazilian legislation seeks to aggregate, albeit timidly, aspects of obstetric violence, but fails to outline what they are and how to identify them, still bringing a lot of misinformation, given the restriction of information in the medical area. Conclusions: The evolution on the subject is timid, recommending other actions in favor of the interest of the parturient in this situation of vulnerability.

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Author Biographies

Thaylla Monique dos Santos Silva, Faculdade Bertioga

Graduated in law from Faculdade Bertioga and lawyer

Thais de Camargo Oliva, Universidade de Santa Cruz do Sul - UNISC

PhD student in Law under the research line Instrumental Dimensions of Public Policies at the University of Santa Cruz do Sul - UNISC, Master in Health Law: Individual and Collective Dimensions, from the University Santa Cecília -UNISANTA (2019), Specialist in Civil Procedural Law from the Universidade Presbiteriana Mackenzie (2007). Member of the Research Group on Public Policies in the Treatment of Conflicts led by Professor Post-Dra. Fabiana Marion Spengler. University Professor and Supervisor of the Legal Practice Center at Faculdade Bertioga (Cultural and Educational Association of Bertioga). Independent lawyer practicing in the areas of Civil Law and Health Law.

Alder Thiago Bastos, Università "Mediterranea" di Reggio Calabria

Postdoctoral fellow in Globalization and Human Rights at the Università "Mediterranea" di Reggio Calabria (Italy), admitted in 2024. PhD in International Environmental Law from the Catholic University of Santos UNISANTOS. Thesis selected for the CAPES Scholarship program (2023). Master in Law from the Santa Cecília University (UNISANTA) Santos/SP (2018). Specialist in Civil Procedural Law and Individual, Collective and Procedural Labor Law from the Paulista School of Law. Specialist in Administrative and Real Estate Law from IBMEC. Specialist in Family Law from the Brazilian School of Law. Full Professor of Civil Procedural Law at Faculdades Integradas Campos Salles. Full Professor at Faculdade Bertioga (FABE) in the chairs of Civil Law and Digital Law. President of the scientific committee of Revista FABE. President of the Scientific Committee of CONGREFAC - Public Policies and Fundamental Rights (since 2022) and of the Brazilian Congress for Development and Innovation. He is a member of the Structural Development Centers of the Universities of the Campos Salles Integrated Colleges and the Bertioga College. Vice-president of the Ethics and Discipline Committee of the OAB/SP, Jabaquara Sub-section (2022/2024). Vice-president of the Tax Appeals Board of the Municipality of Bertioga-SP, two-year period (2025/2026). Author of the books "A saúde mental da criança victim de alienação parental" and "Oconhecimento da tamanho autonomia do meio ambiente digital em um contexto global", among other scientific publications made available in physical and digital media. Lawyer.

How to Cite

SILVA, Thaylla Monique dos Santos; OLIVA, Thais de Camargo; BASTOS, Alder Thiago. Obstetric Violence: Challenges and Perspective for Humanistic Protection. Unisanta Law and Social Science, Santos, v. 13, n. 2, p. 509–523, 2024. DOI: 10.5281/zenodo.14788111. Disponível em: https://periodicosunisanta.ojsbr.com/LSS/article/view/2561. Acesso em: 17 mar. 2026.