Human Rights, biopolitics and discipline: the body and life in the field of the judicialization in the contemporary

Abstract

When we add the words "rights" to "humans," what human are we referring to and what lives do we leave out considering the power-knowledge relationships that exclude and hierarchize lives? When dealing with the history of human rights (DH) it is recurrent to use a continuous history, which conceives rights within an evolutionary line, related to a supposed expansion of human consciousness. From this lens liberalism conceived the so-called human rights as universal and alienable rights, which were progressively enacted into laws and became the basis of the legal order of Modern States. The disciplinary surveillance of the body and biopolitics as the government of the population in the name of health was born concomitant to the birth of the Modern State, offering a substrate to public and commercial law, to legal and punitive inflation of stock management, in the market of rights and life.