CLIMATE CHANGE AND HUMAN ACTIONS: THE EFFECTIVENESS OF LEGAL PROTECTION FOR BIOMES UNDER BRAZILIAN ENVIRONMENTAL LAW

Abstract

This article analyzes the impacts of anthropogenic activities on contemporary climate dynamics, investigating the level of effectiveness of Brazilian Environmental Law in preserving native biomes. Faced with the mismatch between national regulatory density and the degradation rates of the Amazon, Cerrado, and Atlantic Forest, this study examines to what extent legal instruments and the performance of the Judiciary can contain global ecological damage. The methodology is based on a qualitative, exploratory approach, structured through bibliographic research and documentary analysis of legislation, scientific reports (IPCC), and precedents from the Supreme Federal Court and the Superior Court of Justice. The results reveal that, although the country possesses a sophisticated protective framework — anchored in Article 225 of the Federal Constitution —, its practical application is severely compromised by structural bottlenecks, such as enforcement shortages, administrative delays, and disproportionate economic pressures. It concludes that tackling the climate crisis within these biomes requires overcoming legal formalism, demanding the urgent strengthening of control agencies and the consolidation of climate litigation as a mechanism to overcome state omissions.