<b>SOFT LAW OU OBRIGAÇÃO EFETIVA? A EVOLUÇÃO DAS COPS DO CLIMA E OS DESAFIOS DE IMPLEMENTAÇÃO NO DIREITO AMBIENTAL INTERNACIONAL</b>

This article examines in depth the legal nature of decisions stemming from the Conferences of the Parties (COPs) on climate, questioning whether they should be classified as merely soft law or whether they can acquire the status of effective obligations. The discussion explores the evolution of the climate regime, from the regulatory rigidity of the Kyoto Protocol to the more flexible approach inaugurated by the Paris Agreement, with an emphasis on the implementation challenges that permeate International Environmental Law. The methodology used combines a theoretical analysis of the sources of international law with a detailed examination of the compliance and transparency mechanisms existing in the climate regime. The theoretical framework draws on theories of legalization and the effectiveness of soft law, incorporating contributions from renowned authors such as Bodansky, Sands, and Kotzé. The article argues that, although many COP decisions, as well as the Nationally Determined Contributions (NDCs) in the context of the Paris Agreement, fall within the scope of soft law, they generate relevant legal and political impacts. These effects include influence on domestic legislation and the behavior of States. However, significant challenges persist in implementing the commitments made, such as insufficient technical and financial capacity, a lack of political will, and difficulties related to monitoring and enforcement. The analysis concludes that reducing the debate to the dichotomy between soft law and effective obligations does not encompass the full complexity of the issue. The real challenge lies in strengthening the instruments that promote practical implementation and encourage increasing ambition in climate commitments, regardless of the formal classification of these regulations in international law.