The present monography has as its main goal to show the use of the article 187 of the Civil Code as legal protection to the victims of anomalous obstetric practices, defined as obstetric violence by the World Health Organisation (WHO), and show how the current legal scenario on the subject. It uses the study methods of bibliography survey and jurisprudence studies. Through the analysis of the abuse in the exercise of law at theory, the origin of the article 187 and the elements that characterise it, it was possible to identify, after the explanation about the most common violent obstetric practices, how they fit as abuse in the exercise of law, in the way it’s predicted on the article commented and when they can result in moral damage. Posteriorly, it was possible to identify when those abuses are found in the scope of private law and in the scope of the public law and how the Brazilian judiciary has been taking decisions on the subject. Lastly, it concludes that the theme is still recent at the law scope, which highlights the importance of it being debated at the academy and being highlighted to society, whose members need to have more knowledge about its rights at such a delicate moment of life.
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