The judicialization of the inclusion process: Governing through law

Abstract

This paper discusses the judicialization of inclusion, by understanding it as actions taken by the Judicial Power intended for the inclusion of groups in situation of social risk and vulnerability. To perform the analyses, Michel Foucault’s notion of biopolitical governmentality was utilized. It was argued that, through the Judicial Power, the State regulates the course of inclusion through two articulated paths: One consisting of oversight and recommended intervention, and the other implying guidance, by regarding argumentation and persuasion as ways of producing inclusive ways of being.