Responsabilidade civil do Estado frente os casos de violência obstétrica na rede pública de saúde

Abstract

The theme of this work is the civil liability of the state in cases of obstetric violence in the public health system. The research analyzes the non-contractual liability of the state for damages caused to women during the pregnancy-puerperium cycle, considering constitutional principles and current legislation. To this end, it discusses the origin, concept and modalities of civil liability, with an emphasis on objective liability, as well as contextualizing obstetric violence as a serious violation of human and gender rights, marked by dehumanized and discriminatory practices, especially against black women and women in situations of social vulnerability. The methodology used is deductive, with a qualitative approach and bibliographical and documentary research. The conclusion is that recognizing obstetric violence and holding the state effectively accountable are fundamental to guaranteeing the protection of women's rights and improving the quality of obstetric care in the public health service.