Judicialization of medicine: dialogues between the medical and judicial powers

Abstract

It is a theoretical writing that started from the premise of judicialization in the doctor-patient relationship as an excessive litigant perspective, pointing to a substitution of powers in view of a possible bankruptcy in the dialogical scope between the subjects, according to the sponvillian notion of power. In order to do so, it approached the Foucauldian systems of domination in dialogue with other authors, identifying patient contexts and, also, doctors as subjects also able to identify themselves with the scope of lesser power, when in institutional and judicial perspectives. It concluded by the verification of the indicated dialogical bankruptcy, materialized by the maintenance of the systems of domination and aggravated by the difficult realization of fundamental rights in the daily practice, understanding that the medical power lives, at this moment, a discussion about its necessary relativization and symmetry before the beginning of the development of a new power. Thus, the judicialization was effectively presented as the materialization of the conflicts arising from the asymmetry in the relationship, and a proper dialogue is required to clarify and absorb information prior to responsible medical conduct.