Based on the assertion that Brazilian society is structured in a hierarchical manner, reproducing an aristocratic ethos as opposed to a republican order, we can recognize that, on a legal level, inequality operates on two levels: in the normative aspect – through lawmaking – and in conflict management, when the laws are applied, especially by the Judiciary. In this paper, we intend to problematize how judicial institutions in Brazil internalize and (re)produce legal inequalities – which became more evident with the Covid-19 pandemic and its consequences for the rights of Brazilians. To this end, we intend to describe a category of cases (the cases of requests for freedom of defendants arrested due to the Covid-19 pandemic, encouraged by National Council of Justice Recommendation n. 62/2020), which help to reveal this key of inequality.