Patient-citizen-consumers: Judicialization of health and metamorphosis of biopolitics

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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.

Original languageEnglish (US)
Pages (from-to)77-105
Number of pages29
JournalLua Nova
Volume1
Issue number98
DOIs
StatePublished - 2016

All Science Journal Classification (ASJC) codes

  • Sociology and Political Science

Keywords

  • Biopolitics from below
  • Critical global health
  • Judicialization of health
  • Patient-Citizen-Consumers
  • Pharmaceuticalization
  • State accountability
  • Workable infrastructures

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