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The judicialization of biopolitics: Claiming the right to pharmaceuticals in Brazilian courts
Author(s) -
BIEHL JOÃO
Publication year - 2013
Publication title -
american ethnologist
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.875
H-Index - 78
eISSN - 1548-1425
pISSN - 0094-0496
DOI - 10.1111/amet.12030
Subject(s) - biopower , right to health , politics , jurisprudence , adjudication , sociology , state (computer science) , law and economics , negotiation , law , health care , political science , public administration , algorithm , computer science
In Brazil, low‐ and middle‐income patients are not waiting for new medical technologies to trickle down. They are using free legal assistance and a responsive judiciary to access health care, now understood as access to pharmaceuticals. The pharmaceuticalization and judicialization of health reveal an experiential‐political‐economic field beyond the biopolitics of populations. At stake in this field are the ways in which government (qua drug regulator, purchaser, and distributor) facilitates a more direct relationship, in the form of technology access, between atomized and ambiguous political subjects of rights and the biomedical market. Not fully governed by either state or market, these subjects negotiate the constraints and possibilities of a technological society using jurisprudence. They work through available legal mechanisms and instantiate new social fields to engage and adjudicate their demands, concretizing abstract human rights. In the process, the judiciary is consolidated as a critical site of politics—and of political economy.