Abstract
This article aims to relate the problematics of biopolitics to the effects of the judicialization of health within the scope of the Brazilian legal system. The process of judicialization of life comprises a movement in which the Judiciary becomes the mediating institution of living. In this process, the judicialization of health is understood, not exactly as an ethical principle or a democratic requirement, but as a “power technique.” This power technique, in which Foucault calls biopolitics, is based on the construction of imperatives that suppose the existence of lives unworthy to be lived. By this, the “death-producing exercise” is allowed to be conceived as a way of qualifying the lives considered worthy of being lived. Following this line of reasoning, the discussions in the study seek to demonstrate that the judicialization of life is an instrument of biopolitical intervention. This intervention assumes a character of state control revealing to be a mechanism by which the judiciary uses of its legal devices in an increasingly expanded and capillary way updating the strategies of control over the processes of life.
Keywords:
Life management; Judicialization; Power; Biopolitics