BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

Nevertheless, before it became law, the bill that was forwarded to the Legislative Assembly was based on the justification presented by State Representative Angela Albino, who pointed out that phrases such as “At the time you were doing, you were not screaming like that, huh?”; “Do not cry no, because next year you’re here again”; “If you continue with this tantrum, I will not attend you.” “When was the time to do it, you like it, huh?” “Shut up! Stay quiet, otherwise I’ll punish you.” all are repeatedly mentioned by women attended in Brazil and are characterized as reports of pain and humiliation during the delivery, as well as reports of abuse, threats, unnecessary exams and procedures, physical and psychological aggression. In spite of the collection of this information, the moment of delivery is especially important for women, who must have the power to decide on their body and their freedom, granting them access to health in a safe, effective, respectful way, counting on professionals and services capable of preserving the dignity of women. 41 There are enough reasons for legal provisions protecting women’s rights, especially those dealing with the gestational process, because this is a process of choice for the pregnant or parturient woman herself that must be respected by health professionals, whom, may sometimes, in the heart of solving the situation more quickly and even safely end up extrapolating the limits of their intervention in disregard the will of the woman. Therefore, the law of Santa Catarina is of relevance to the Brazilian legal scene, mainly because it is a unprecedented subject in the country and capable of leading to a normative evolution of federal scope or even in other states, allowing the beginning of a future protection of the rights of pregnant or parturient women. 4. The Effectiveness of the State of Santa Catarina Law of Protection to Pregnant and Parturient against Obstetric Violence Concepts such as effectiveness and protection often go by synonyms, but the reality is that they do not have the same focus, since effectiveness brings in its meaning the act of making effective, producing real effect; while protection is the act of supporting, helping, assisting. In this way, protection mechanisms are easier to find in legal systems, however, not always, although they contain measures that protect rights, they are not actually effective, being sometimes only legal documents that do not produce a practical result. With regard to human rights, the mechanisms that effect their protection become a governance process, a management method by which society’s direction and ability’s to do Estado, no prazo de 60 (sessenta) dias após sua publicação. Art. 8º. The Executive Branch shall regulate this Law, pursuant to item III, of art. 71, of the State Constitution, within 60 (sixty) days after its publication. 41 BRASIL. Santa Catarina. Projeto de Lei n. 482.9, de 6 de novembro 2013 . Dispõe sobre a implantação de medidas de informação e proteção à gestante e parturiente contra a violência obstétrica no Estado de Santa Catarina. Available in: . Acess in July 11, 2017.

218