The right to childbirth care and the fight against obstetric violence in the Brazilian health system: analysis of administrative and judicial approaches to its implementation

This paper aims to analyze the configuration of the right to childbirth care and the defense of maternal health as a women’s human right and its incorporation and realization in Brazilian law, from the dialogue with constitutional frameworks for the protection of women’s rights, reflecting on approaches for its effectiveness within the scope of the national supplementary health agency and the imposition, from the normative discretion of the Public Administration in the regulation of private health plans regarding the defense of the rights of women who have health plans, and drawing a comparison between the administrative norms issued by agencies and judicial decisions on obstetric violence and maternal health care in public and private systems, seeking projections of the right to childbirth care in Brazilian administrative and judicial practices