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How to “give care” to whom “does not have home”? Disability and judicialization of home health care

Abstract

What moral and technical mediations emerge in the mobilization practices of the brazilian justice system in search of health? Such questioning emerged in a doctoral research that followed demands for placement in long-stay institutions and home care by people with chronic conditions and disability in the region of Santa Maria-RS, a city regarded as the brazilian capital of the judicialization of health. In-depth interviews and analysis of documents and court decisions allowed us to identify the circulation of moralities and legal technicalities linked to (in)capacity, disability, (in)dependence and care circulate in the practices and discourses of plaintiffs and public (and private) agents who deal daily with demands for home health care. The research findings point to an arena of moral and technical controversies that destabilize dichotomies such as health/social and private/public.

Keywords:
judicialization of health; chronic conditions; disability; home care

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