A VIOLÊNCIA OBSTÉTRICA E A LACUNA DE LEGISLAÇÃO PENAL NO BRASIL

Obstetric violence involves abusive practices, negligence, and disrespect during care provided to pregnant women in the prenatal, childbirth, and postpartum periods. This article analyzes obstetric violence in Brazil, focusing on the impacts caused by the absence of specific criminal legislation. The research is based on the hypothesis that this legal gap contributes to impunity, lack of protection for victims, and the perpetuation of abusive practices during prenatal care, childbirth, and postpartum. Through a bibliographic review and documentary analysis, the study reveals that obstetric violence predominantly affects Black and low-income women, being characterized by non-consensual interventions, verbal humiliation, and medical negligence. In addition to physical consequences such as infections and chronic pain, the psychological impact stands out, including postpartum depression and anxiety disorders. The lack of appropriate legal classification makes it difficult to hold offenders accountable and prevents victims from accessing justice. The article concludes that the creation of specific criminal legislation, together with the training of healthcare professionals and the strengthening of public policies, is essential to promote humanized obstetric care and ensure women’s rights.