RESPONSIBILITY AND REPAIR: A TESTIMONY ABOUT A CASE OF MATERNAL DEATH IN THE COVID-19 PANDEMIC IN BRAZIL.
Testimony. Maternal death. COVID-19. Responsibility. Repair.
This research was based on a case of maternal death during the COVID-19 pandemic in Brazil. It is a testimony about Ariane's history, whose objective is to analyze the possibilities of accountability and reparation in her case. Testimony is a kind of feminist speech act for a transformative memory record, with the aim of questioning the powers that contributed to the fatal outcome in this case. For this, I articulate the feminist verbs remember and repair and, based on the reports of family members, health records and technical opinion, I identified that there was a delay in adequately attending to her symptoms, disregard of the puerperal condition, delay in investigating diagnostic hypotheses and the prescription of hydroxychloroquine. By witnessing her story, I understand that digging the law is to imagine possibilities that consider the scenario of maternal death in Brazil during the COVID-19 pandemic as, among other factors, a reflection of maternity conditions in the Global South, the absence of centrality of sexual and reproductive health issues, as well as gender and racial disparities. I interpret the possible violations in the case as manifestations of patriarchy and racism in biomedicine, which raise the question of the legal category of medical error. My argument is constructed as follows: I present the demand posed by the family, the ethical considerations and methodological choices for the case; I discuss the context of maternal mortality in Brazil and point out to the importance of reproductive justice and intersectionality as lenses that allow me to question the powers that contributed, among other factors, to the fatal outcome in the case; then, I approach biomedicine as a knowledge and a power that manifest and articulate patriarchy and racism. Finally, I investigate the legal possibilities regarding the violations in the case, aiming to build responses that move away from racist and patriarchal interpretations of the law to challenge it from the notions developed in the previous chapters. I conclude it is necessary to read the legal categories from the reality of the populations most affected by health crises, through the lens provided by testimonies that transform racist and patriarchal interpretations of law.