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PATIENT-CITIZEN-CONSUMERS: JUDICIALIZATION OF HEALTH AND METAMORPHOSIS OF BIOPOLITICS* * This article draws from a research project developed with Adriana Petryna, Mariana Peixoto Socal and Joseph Amon, and I am deeply grateful for their incredible collaborative efforts and sharp critical insights throughout the years. I am also thankful to Naomi Zucker for her wonderful editorial help. I presented an early version of this essay at a meeting of the working group on Critical Global Health Studies at Johns Hopkins University. Thank you to Jeremy Greene, Clara Han, and all participants for the lively discussion and helpful comments. Thank you, also, to Deisy Ventura for her editorial support. Whenever requested, the names of actors and institutions have been changed to protect their anonymity.

PACIENTES-CIDADÃOS-CONSUMIDORES: A JUDICIALIZAÇÃO DA SAÚDE E A METAMORFOSE DA BIOPOLÍTICA

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.

Keywords:
Judicialization of Health; Pharmaceuticalization; Critical Global Health; Biopolitics from Below; Patient-Citizen-Consumers; State Accountability; Workable Infrastructures

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