REQUIREMENT OF SPOUSAL CONSENT FOR THE USE OF NON-SURGICAL CONTRACEPTIVE METHOD:

INSTITUTIONALIZED SEXUAL VIOLENCE AGAINST WOMEN

Abstract

This article, extracted from ongoing research, aims to analyze the requirement of conjugal consent for the use of a non-surgical contraceptive method in women as sexual and institutionalized violence. Such analysis is anchored in the qualitative and descriptive approach and uses the deductive method. The results suggest that the requirement of article 10, §5º, of Law 9.263/96, for cases of sterilization during the conjugal society, is not consistent with the use of a non-surgical contraceptive method, affronting the woman's self-determination in relation to her own body and legitimizes form of domestic and family violence against women, according to article 7, III, of Law 11.340/06, by preventing the choice of contraceptive method. In this sense, the conditioning imposed by health plans and professionals in the area clashes with the perspectives of freedom and non-interference by the state in the constitution of the family by reproducing a patriarchal culture that objectifies the woman's body, violating her reproductive and personality rights provided for in International Treaties and internal norms and, above all, in the face of the exclusion of the procreative purpose of marriage, arising from the conceptual evolution of the family and the emancipation of women.