A tutela inibitória ambiental: análise da jurisprudência do Superior Tribunal de Justiça e do Supremo Tribunal Federal

Abstract

The research project analyzed the limitations that Brazil’s highest courts have imposed on the decisional autonomy of first‐instance judges regarding the granting of injunctive relief in environmental cases. A bibliographic review was first conducted on the doctrinal foundations of preventive and injunctive relief, followed by an exploratory documentary survey of binding summaries, statements and precedents from the Federal Supreme Court (STF) and the Superior Court of Justice (STJ). The conceptual framework was then confronted with its practical application in two selected cases—one at the federal level and one at the state level—to identify convergences and divergences. Finally, the impact of this jurisprudential uniformity on the effectiveness of injunctions was mapped, and recommendations were proposed to strike a balance between legal certainty and local judicial discretion. It was concluded that, although higher‐court precedents ensure interpretive coherence, their rigidity can compromise the suitability of decisions to regional specificities, making greater procedural flexibility necessary to enhance the efficacy of environmental injunctive relief.