O abuso obstétrico como forma de violência de gênero e o tratamento dispensado pelo TJ/BA: Um estudo de caso

Abstract

This paper consists of a case study that discusses the violation of women's human and reproductive rights. In this sense, an analysis was made about the incidence of obstetric violence as a form of gender violence against the rights provided for in the Federal Constitution of 1988 and the sparse legislation. The objective was to investigate these practices in Bahia, through a jurisprudential research in the TJ / BA websites, between 2001 and 2019, through keywords, such as episiotomy, delay in childbirth and other correlates. Once this was done, two of these processes were selected for the study of the cases, analyzing them briefly, but consistently. To this end, a literature review was performed in order to deepen the concepts of the object of study, using as a methodological procedure, the documentary analysis, through the evaluation of judicial processes found, reading articles, among others. The study of obstetric violence, therefore, examined whether this form of abuse is a mechanism that violates women's rights, elucidating whether or not the discourse of law can reinforce such a problem. It is also true that the TJ / BA must judge such cases appropriately, from a gender perspective, as the Law must also be seen as a form of social transformation, reducing inequalities between men and women.