The (im)possibility of extinction of the use of the nomenclature "obstetric violence" according to process no. 2500.063808/2019-47 of the ministry of health, by analysis of CF/88

Abstract

The central theme of this work is the study of the possibility or impossibility of changing the terminology ‘obstetric violence’. This study was guided by a general objective of demonstrating how this violence actually occurs, where, and to what extent it is increased. The topic has gained increasing prominence in discussions on the humanization of childbirth and care practices in the obstetric field. The methodology used was through exploratory legal research, being bibliographic and documentary, with qualitative analyses, considering that the understandings of authorities in both the health and legal areas were observed, regarding the fundamental right to public health in the context of obstetric violence based on the news presented to society, whose theoretical approach method was exploratory. It is feasible to state that in most cases, it is not feasible to prove this violence on the part of the parturient, or to present witnesses, who would probably be the health professionals themselves, which would make proof more difficult for both parties. Thus, by demonstrating whether or not this modification is constitutional, it would clarify to what extent society is protected by the Federal Constitution. In this context, by encouraging debate on the issue, it can be concluded whether it really has an inappropriate connotation as claimed by the Ministry of Health, or whether it would be more harmful to women in labor, in the sense of alleviating obstetric violence committed. Since it is not a current issue, however, it is still something that there is a clear need to instigate and regulate.