The Observer and the Government of Judges

society, state and the legal knowledge of the climate crisis in ADPF 708 of the STF

Abstract

This reflection is articulated around two axes: the theory of the Observer and the Rule of Judges. The first, based on Luhmann, De Giorgi, and Von Foerster, shifts the theory of knowledge from the subject/object relationship to the system/environment dynamic. Knowledge is now understood as a communicative construction, in which the Observer selects truths, interprets social relations, and institutes knowledge. However, their position is not neutral: it presents blind spots and limits to self-observation, which impede the full understanding of social complexity. In this framework, law is seen as a subsystem that reinvents itself through decision-making communication. Decisions construct legal truths while simultaneously stabilizing expectations and generating tensions with other branches of government. This movement reveals the judicial protagonism in contemporary Brazilian society, characterized by monocratic practices and the expansion of boundaries between law and politics. This reflection gains concreteness when examining the role of the Judiciary in socio-environmental issues, especially in climate litigation. In this field, the STF's ADPF 708 stands out, which constituted a milestone in recognizing the climate crisis as a legal issue and in projecting normative truths intended to guide both the present and future political execution on the topic.