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Efetividade da litigância climática na Amazônia: hermenêutica ambiental, prova tecnológica e jurisdicionalização compensatória

Year: 2026
Type: article
Abstract: This article critically examines climate litigation in Brazil through the lens of the tension between the quantitative prominence of judicial activity and the material effectiveness of environmental protection, with particular focus on the Amazon region. Although Brazil ranks among the global leaders in the number of environmental lawsuits, empirical studies reveal low rates of effective rulings and a high incidence of procedural dismissals without decisions on the merits. The research adopts a qualitative approach, combining legal-dogmatic and empirical analysis, grounded in the debates, academic papers, and interpretative statements produced during the II Climate Justice and Ecological Transformation Conference of the Federal Court of the 1st Region. The article argues that mass judicialization driven by a quantitative rationale undermines substantive environmental justice, shifting judicial action toward predominantly bureaucratic functions. It examines evidentiary weaknesses, particularly in establishing causal links in cases relying on remote sensing technologies, and emphasizes the need for hermeneutical and procedural tools compatible with the scale and complexity of Amazonian climate disputes. The study contends that Brazil has developed a distinctive model of compensatory judicialization, through which environmental effectiveness is progressively achieved by judicial means, integrating technological evidence, proper damage quantification, territorial protection, and social justice. It concludes that effective climate litigation requires overcoming quantitative metrics and consolidating judicial practices oriented toward concrete environmental outcomes.
Language: Portuguese
Subfield: Law
Open Access status: diamond
OpenAlex ID: W7217738277
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