BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

According to Professor Valentin-Stelian Badescu 16 , the need for legal protection and safeguarding equality between men and women is an essential element for harmonious human development, because with this legal protection, it is possible to express a range of guarantees and rights that influence the health and sanity of the person, and this is the reason why most states include this protection as a fundamental value. In the Brazilian constitutional text, the formal equality inscribed in the caput of article 5, as well as the other normative commands that derive from this and that are in the supreme norm, which also translate feminist guarantees, transpose the beginning of a protection in which women are recognized in its singularity, considering diverse cultural and social contexts. Accordingly, the Brazilian Civil Code published in 2002 reflected these guarantees and broke with the discriminatory character that was brought in its old text in relation to the woman, since the Civil Code of 1916 considered, among others, the woman subordinated to the masculine leadership; the predominance of family power in the paternal figure, in the administration of goods, including those of the woman herself. 17 In this order, it is, theoretically, possible to detect the concern of the normative system to protect, based on social, philosophical and cultural evolution, the rights related to women, taking into account the existence of a gender inequality relationship, seeking to promote equality and imbalance between men and women, bringing mechanisms to protect these rights. 3. Women: Obstetric Violence Against Santa Catarina State Law n. 17.097/2017 Although gender equality in the legal system is the rule, the imbalance is inherent in social and cultural development. A campaign by the United Nations – UNITE to End Violence against Women (2017) – found that 7 out of 10 women worldwide reported having experienced physical and / or sexual violence at some point in their lives; in addition, about 1 in 4 experience physical or sexual violence during pregnancy. Gender-based violence occurs when “an act is directed against a woman, because she is a woman, or when acts affect women disproportionately” 18 , this aggression “violates, impairs or void women to enjoy human rights and fundamental freedoms” 19 . In Brazil, among some measures taken to balance the disparity between genders was the edition of the renowned “Maria da Penha” Law (Law 11.340 / 2006), which aims to curb domestic and family violence against women. 16 BADESCU, Valentin-Stelian. Legal protection of woman’s rights – the principle of non discrimination, the fundamental principle of rights. Journal of Law and Administrative Sciences , p. 56-76, 2015. Available in: . Acess in July 10, 2017. 17 PIOVESAN, ibid., p. 143. 18 PIOVESAN, Flávia. A luta das mulheres pelo direito a uma vida sem violência. Revista Jurídica Consulex , Brasília, v. 18, n. 426, p. 30-35, out. 2014. 19 OLIVEIRA, Maria de Fátima Cabral Barroso de. A violência (sexual) do Estado. Revista Síntese Direito Penal e Processual Penal , São Paulo, v. 14, n. 79, maio 2013, p. 29.

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