On March 8th, International Women's Day, it will be a day of struggle. Women and health professionals who campaign for the humanization of childbirth will demand against the setback imposed by CREMERJ (Regional Council of Medicine of Rio de Janeiro), through Resolution No. 265/2012, which aims to restrict the right of women and health professionals to childbirth humanized. The resolution had been suspended, but came back into force in January of this year.
While in the United Kingdom women are being encouraged to have home births, even receiving benefits from the British National Health Service of around 3 thousand pounds (equivalent to 16 thousand reais) to use as they wish during birth and postpartum, In Rio de Janeiro, a right that was already guaranteed, which was for women to be accompanied by obstetricians in home births that required hospital intervention and to have doulas accompany births in hospitals, was withdrawn. January, the demonstration takes place on March 8, from 10am to 5pm, at Central do Brasil.
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Understand how Resolution No. 265/2012 affects the right to humanized birth (source: Movimento Meu Corpo, Minhas Regras, Nossas Escolhas)
Resolution No. 265/2012 prohibits doctors from attending home births or participating in back-up teams. The woman and the baby would no longer have the right to count on pre-agreed medical assistance if any change was identified during pregnancy, labor, birth or the postpartum period that required medical intervention in a hospital environment. At the same time, doctors who care for women or babies transferred from home births, due to the identification of any abnormality in the process or adaptation to extrauterine life, must compulsorily notify CREMERJ.
Added to this, Resolution No. 266/2012 prohibited pregnant women from counting on the assistance of obstetricians, doulas, midwives, etc. in a hospital environment. As an artifice to achieve this objective, CREMERJ prohibits directors of hospital institutions, who are medical professionals, from allowing these professionals to enter hospitals and maternity wards, and threatens doctors who do not comply with ethical punishment and even revocation of their professional rights. In view of such resolutions, on July 27, 2012, the Regional Nursing Council of Rio de Janeiro (Coren-RJ) filed a Public Civil Action (Process no. 0041307-42.2012.4.02.5101) against CREMERJ, understanding that such Resolutions prevented the free exercise of Nursing, since Obstetric Nurses, Midwives and Midwives are legally supported in home birth care and, therefore, are integral members of the multidisciplinary team, and because the Law on Professional Nursing Practice includes professional midwives and midwives, who are currently unable to perform their duties in a hospital environment.
On July 30, 2012, the excellent federal judge Dr. Gustavo Arruda Macedo, of the 2nd Federal Court of Rio de Janeiro, granted the request to suspend the effects of CREMERJ Resolutions nº 265 and 266/2012 until further decision of this court, or that higher instances manifest themselves to the contrary. On 09/23/2014, a sentence was handed down by the Court of the 2nd Federal Court of Rio de Janeiro, deeming the REQUESTS to annul Resolutions nº 265/2012 and 266/2012 issued by CREMERJ PROCEDURED. CREMERJ appealed, and the case was judged by the eighth panel of the TRF-RJ. On August 25, 2015, the trial began, however one of the judges asked to see the case to decide, and took a position contrary to COREN's understanding. -RJ. The trial was suspended.
On January 13, 2016, a new hearing took place where the same judge took a stand against COREN-RJ's request, claiming that such resolutions do not affect the nursing category, which will continue to be free to attend home births, assuming its "risks", a of the judges followed their opinion, changing their vote from the first hearing and thus determining the return of the effects of the Resolutions issued by CREMERJ.
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