Processo estratégico e mudanças climáticas: influência do sistema interamericano de direitos humanos nas políticas climáticas brasileiras

Abstract

The research addresses a gap concerning the practical effectiveness of Inter-American precedents in promoting climate norms within Brazilian law, asking how transnational decisions translate into material changes in governance. It investigates how the strategic process within the Inter-American Human Rights System functions as an instrument for the formation and internalization of legal precedents capable of strengthening the effectiveness of Brazil’s climate policies, answering whether such precedents densify state obligations and produce concrete changes. The study employed a legal-documentary approach and jurisprudential analysis, with a critical review of doctrine and a selective examination of precedents and instruments (OC-32/2025, La Oroya, Yakye Axa, Lhaka Honhat, and the STF “Green Package” decisions), focusing on the roles of conventionality control and judicial dialogue. Findings reveal the IACtHR’s jurisprudential trajectory from reflex protection to autonomous recognition of the right to a healthy environment, the operationalization of Inter-American standards by the STF through conventionality control and judicial dialogue, and simultaneous limits to translating these precedents into material effects owing to institutional, political, and administrative barriers. As a scholarly contribution, the study links Inter-American strategic litigation to national climate governance, provides an analytical framework on mechanisms of precedent internalization, and identifies research priorities and monitoring tools to enable effective implementation of these standards.