COP 30 and the role of the Federal Supreme Court in environmental protection the case of unconstitutionality of environmental regression norms

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André Luiz Castilho Batista de Jesus
Guilherme Schmidt Hayama

Abstract

ABSTRACT: This article analyzes the relationship between the 30th Conference of the Parties to the United Nations Framework Convention on Climate Change (COP 30), to be held in 2025 in Belém, Pará, and the role of the Federal Supreme Court (STF) in consolidating environmental rights in Brazil. Given the worsening climate crisis and the relevance of the Amazon region to global climate balance, the central issue addressed is how the STF has contributed, through legal mechanisms, to strengthening environmental protection and ensuring compliance with international commitments. The main objective is to demonstrate that the Brazilian Constitutional Court has played a decisive role in the implementation of effective environmental policies. The method employed was a documentary and jurisprudential analysis, with emphasis on the judgment of ADPF 747, in which the STF recognized the Federal Government’s omission in managing the Amazon Fund and reaffirmed the principle of prohibition of environmental regression. The results indicate that the STF has played a proactive and normative role in upholding the right to an ecologically balanced environment and in overseeing the fulfillment of multilateral environmental treaties. It is concluded that the institutional strengthening of the STF is essential to ensure sustainable public policies aligned with the objectives of COP 30, particularly in the Amazonian context.

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Artigos

Author Biographies

André Luiz Castilho Batista de Jesus, Santa Cecília University

Advogado. Mestrando em Direito da Saúde. Bolsista CAPES

Guilherme Schmidt Hayama, Santa Cecília University

Advogado. Mestre em Direito da Saúde.

How to Cite

CASTILHO BATISTA DE JESUS, André Luiz; SCHMIDT HAYAMA, Guilherme. COP 30 and the role of the Federal Supreme Court in environmental protection: the case of unconstitutionality of environmental regression norms. Unisanta Law and Social Science, Santos, v. 14, n. 1, p. 200–211, 2025. DOI: 10.66221/v14n1p200. Disponível em: https://periodicosunisanta.ojsbr.com/LSS/article/view/2736. Acesso em: 17 mar. 2026.

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