O programa judicial de acompanhamento do desmatamento na Amazônia e os limites da efetividade das decisões dos tribunais superiores

Abstract

This dissertation examines the crisis of effectiveness of Brazilian environmental jurisdiction in light of the socio-environmental complexity of the Amazon, focusing on the period from 2019 onward, marked by the intensification of deforestation and significant institutional changes in federal environmental policy. It is based on the hypothesis that the traditional jurisdictional model, structured under a rationalist and abstract paradigm, proves insufficient to address structural environmental conflicts, often operating as a normative promise detached from territorial reality. The research adopts a qualitative approach, combining bibliographic analysis with the examination of decisions issued by the higher courts concerning Environmental Law and the Amazon, seeking to identify patterns of decisional abstraction and the limits of the prevailing procedural rationality. The conception of the judicial decision as a punctual and self-sufficient act is problematized, advocating for a form of jurisdiction more sensitive to the factual, institutional, and territorial contingencies that characterize contemporary environmental conflicts. As an extension of this analysis, the Judicial Program for Monitoring Deforestation in the Amazon (PROJADA), established by the National Council of Justice, is examined as a mechanism aimed at monitoring and ensuring the implementation of environmental judicial decisions, assessing its potential and limitations as an institutional response to the crisis of effectiveness of environmental jurisdiction. It is concluded that overcoming ineffectiveness requires the incorporation of a procedural rationality committed to reality, strengthening structural mechanisms for monitoring, enforcement, and oversight of judicial decisions. [resumo fornecido pelo autor]