Judicialização da saúde e medicalização: uma análise das orientações do Conselho Nacional de Justiça

Abstract

The judicialization of health in Brazil stems from medications, treatments, tests etc. requiring professionals of Law to effect the right to healthcare, mobilizing plural and contradictory knowledge and practices, which reinforce medicalization. Thus, this article addresses the relationship between judicialization and medicalization in healthcare. The objective of the paper is to show, by documental analysis, the decision- -making parameters that the Judiciary has been establishing since 2010 through the National Council of Justice (CNJ). As a result, the CNJ reduces the importance of multiprofessional work while stimulating the treatment of social and individual issues (e.g., the issue of sexual choice) through the category of “biolaw”.