Abstract

BAPTISTA, Bárbara Gomes Lupetti et al. Brazilian custom-made judiciary: The pandemic in Brazil between rights and privileges. Forum Sociológico [online]. 2021, n.39, pp.19-30.  Epub Dec 07, 2021. ISSN 0872-8380.  https://doi.org/10.4000/sociologico.9952.

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 the legal level, inequality operates on two levels : in the normative aspect - through the drafting of laws - 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 three categories of cases (the cases of health aid ; cases of “fura-fila” of the vaccination against Covid-19 and the cases of requests for freedom of defendants imprisoned due to the Covid-19 pandemic) that help reveal this key of inequality.

Keywords : Brazilian equal protection view; equality; judiciary; Covid-19.

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