Lua Nova: Revista de Cultura e Política (Aug 2016)

PATIENT-CITIZEN-CONSUMERS: JUDICIALIZATION OF HEALTH AND METAMORPHOSIS OF BIOPOLITICS

  • João Biehl

DOI
https://doi.org/10.1590/0102-6445077-105/98
Journal volume & issue
no. 98
pp. 77 – 105

Abstract

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Abstract Situated at the meeting points of Law and Medicine, the "judicialization of the right to health" is a contested and hotly debated phenomenon in Brazil. While government officials and some scholars argue that it is driven by urban elites and private interests, and used primarily to access high-cost drugs, empirical evidence refute narratives depicting judicialization as a harbinger of inequity and an antagonist of the public health system. This article's quantitative and ethnographic analysis suggests, instead, that low- -income people are working through the available legal mechanisms to claim access to medical technologies and care, turning the Judiciary into a critical site of biopolitics from below. These patient-citizen-consumers are no longer waiting for medical technologies to trickle down, and judicialization has become a key instrument to hold the State accountable for workable infrastructures.

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