Brazil

Sarah Nilsson, PhD, JD

10 Brazil

Green with a large yellow diamond in the center bearing a blue celestial globe with 27 white five-pointed stars. The globe has a white equatorial band with the motto ORDEM E PROGRESSO (Order and Progress). The current flag was inspired by the banner of the former Empire of Brazil (1822-1889). On the imperial flag, the green represented the House of Braganza of Pedro I, the first Emperor of Brazil, while the yellow stood for the Habsburg Family of his wife. On the modern flag the green represents the forests of the country and the yellow rhombus its mineral wealth (the diamond shape roughly mirrors that of the country). The blue circle and stars, which replaced the coat of arms of the original flag, depict the sky over Rio de Janeiro on the morning of 15 November 1889 – the day the Republic of Brazil was declared. The number of stars has changed with the creation of new states and has risen from an original 21 to the current 27 (one for each state and the Federal District).

Flag courtesy of the CIA World Factbook

Map courtesy of Wikipedia

Google Earth

Aquamarine, often called the treasure of mermaids, is mostly found and mined in Brazil, as well as countries that fall along the Mozambique geological belt in Africa. The biggest aquamarine ever found was in Brazil in 1910, it weighed 110 kg ( 243 lb) and was cut into smaller faceted stones for jewelry. The “Dom Pedro,” the largest single piece of cut-gem aquamarine in the world, was found in a Brazilian pegmatite mine in the late 1980s and is named after Brazil’s first two emperors (both named Pedro). The original crystal weighed roughly 45 kg (100 lb), but during excavation it shattered into three pieces. The largest section, approximately 27 kg (60 lb), was sculpted into an obelisk shape. The obelisk, 35.5 cm (14 in) tall, measuring 10 cm (4 in) across the base and weighing 10,363 carats or 2.1 kg (4.6 lbs), is part of the permanent collection of Smithsonian National Museum of Natural History in Washington, DC.

Photo courtesy of the CIA World Factbook

Brazil is a member of ICAO and JARUS.

Last updated on November 7, 2024

Government

According to Britannica, Brazil is a federal republic divided into 26 states and the Federal District (Distrito Federal), the latter including the capital city, Brasília. Since 1934 the nation has had universal suffrage. In 1988 Brazil promulgated a new constitution—the eighth since the country’s independence in 1822—that abolished many traces of the military regime (1964–85), defined civil rights, and outlined the functions of the executive, legislative, and judicial branches. It restricted the president’s power to legislate, proscribed government censorship of the arts, condemned the use of torture, prohibited extradition for political crimes, set the minimum voting age at 16 years, and allowed the federal government to intervene in state and local affairs. The constitution has been amended several times since its promulgation, but some of the changes have been temporary, with specifically designated timespans.

Legislative power is exercised by the bicameral National Congress (Congresso Nacional), comprising the Chamber of Deputies (Câmara dos Deputados) and the Federal Senate (Senado Federal). Congress meets every year in two sessions of four and a half months each. The constitution gives Congress the power to rule in matters involving the federal government, particularly those related to fiscal policies and to the administration of the union. Congress also ratifies international treaties negotiated by the executive, authorizes the president to declare war, and decides whether or not the federal government may intervene in the affairs of the states. If the president vetoes a congressional bill or any of its provisions, Congress has 30 days to overrule the veto by an absolute majority vote.

The Chamber of Deputies consists of representatives of the states elected every four years by direct universal suffrage. The number of deputies is in rough proportion to the population of each state, but no state can be represented in the chamber by more than 70 or by fewer than eight deputies. This system grants a disproportionate share of political power to the states of the Northeast and North and severely underrepresents the heavily populated state of São Paulo.

The 81-seat Federal Senate is composed of three representatives from each state and the Federal District who serve eight-year terms. Senatorial elections are held every four years, alternating between one-third (27) and the remaining two-thirds (54) of the seats. Senators are directly elected by the residents of each state.

Executive power is exercised by the president, who is head of state and government, is directly elected to a four-year term (and is eligible for one reelection), and appoints a cabinet of various ministers of state and several other heads of ministerial-level departments. The executive has wide powers, particularly in economic and foreign policy, finances, and internal security. The president can submit bills to Congress and request legislative approval within 30 days; if Congress does not comply within this period, the bill is considered approved. The president can partly or totally veto any bill submitted by Congress in addition to issuing provisional measures that remain in effect for 30-day periods. The president is also commander in chief of the armed forces; in practice, however, civil-military relations in Brazil have never been taken for granted.

The Brazilian judicial system is divided into two branches: the ordinary branch, made up of state and federal courts, and the special branch, made up of labor, electoral, and military courts.

The Supreme Federal Court (Supremo Tribunal Federal) is Brazil’s highest court. It is composed of 11 members nominated by the president with the approval of the Federal Senate. The court provides final rulings on constitutional issues and hears cases involving the president, the vice president, Congress, the judiciary, the attorney general, government ministers, diplomats, foreign countries, and the political or administrative divisions of the union.

The Higher Court of Justice (Superior Tribunal de Justiça) consists of 33 judges appointed by the president with the approval of the Senate. It is the highest court in the land regarding non constitutional matters and also hears cases involving governors of the states and the Federal District. The ordinary branch also includes federal courts of appeal known as Regional Federal Courts. Each state has state and federal courts that exercise first-instance jurisdiction.

Of the special branch courts, electoral courts are responsible for the registration of political parties and the control of their finances. They also select the date of elections and hear cases involving electoral crimes. Labour courts mediate in conflicts between management and workers, and military courts have jurisdiction in cases involving members of the armed forces.

Although the Brazilian judicial system has long been criticized for inefficiency, incidents of political favoritism, and widespread corruption, efforts have been made to reform it, including, most notably, the adoption in 2004 of Constitutional Amendment 45. That amendment established the principle of stare decisis, under which high courts’ decisions were to be considered binding precedents, with the intention of increasing the efficiency of lower courts. The amendment also created the National Council of Justice, an external institution to oversee compliance with judicial rules and to consider complaints against judges. Within the country’s prisons, harsh and overcrowded conditions have often incited mass escape attempts and riots, during which many prisoners have been killed.

The federal government does not provide for separate regional administrations, although it promotes economic growth in the poorer regions through agencies known as the superintendencies for the development of the Northeast, or SUDENE (founded 1959), and of the Amazon region, SUDAM (1966). SUDENE and SUDAM grant federal funds to development projects and oversee tax incentives that are intended to stimulate local and regional investment; however, the policies of the agencies have varied significantly under different federal administrations, and agency functions frequently overlap, especially at the local level.

The states are semi-autonomous with their own constitutions, justice systems, and directly elected governors and legislative assemblies. The Federal District has been administered by a directly elected governor since the 1990s; previously, the president had appointed a mayor (prefeito) to oversee the district.

Brazil is also subdivided into more than 5,000 municipalities (municípios) that are created by the states according to federal guidelines. The municipalities, which are similar to counties and may cover urban or rural zones, have their own fiscal resources and autonomous governments, including directly elected mayors and municipal councillors. Major cities are generally state capitals, and relations between governors and mayors are often pervaded by bureaucratic rivalries.

Civil / National Aviation Authority (CAA/NAA)

ANAC is a regulatory agency which was established to regulate and inspect civil aviation activities as well as aeronautical and airport infrastructure in Brazil. The agency was created in 2005, replacing the Department of Civil Aviation (DAC) as the new National Civil Aviation Authority. The Agency is responsible for the regulation, inspection and certification of aircraft, companies, manufacturers, aircraft maintenance organizations, aerodromes, schools, and civil aviation professionals. The government agency works to ensure civil aviation safety and security and to improve the quality of services, fostering a competitive market. ANAC is linked to the Ministry of Infrastructure, however it is not hierarchically subordinate to the Ministry, and it has administrative independence, financial autonomy, and fixed mandate for its directors.

Airspace

SkyVector – Google Maps – ADS-B Exchange

ICAO countries publish an Aeronautical Information Publication (AIP). This document is divided into three parts: General (GEN), En Route (ENR) and Aerodromes (AD). ENR 1.4 details the types of airspace classes they chose to adopt from classes A through G. Brazil. AIP

Airspace Classification

The Department of Airspace Control (DECEA) is the organization responsible for controlling Brazilian airspace, provider of air navigation services that enable flights and the ordering of air traffic flows in the country.

The mission of the Unmanned Aircraft Systems (UAS) Portal is to gather the legislation and information necessary for pilots and UAS operators to carry out safe operations and in line with the regulatory framework in force, as well as provide the user with a request channel for access to Brazilian airspace.

Drone Regulations

ANAC has established the rules for the operation of civilian unmanned aircraft, also known as drones, in Brazil.

ANAC Brazilian Civil Aviation Special Regulation No. 94 (RBAC-E No. 94) is complementary to the rules established by the Department of Airspace Control (DECEA) and the National Telecommunications Agency (ANATEL).

According to ANAC, model aircraft are unmanned aircraft used for recreation and leisure and remotely piloted aircraft (RPA) are unmanned aircraft used for other purposes such as experimental, commercial, or corporate activities.

Both types (model aircraft and RPA) may only be used at least 30 meters horizontally away from people who have not consented to or are not directly involved with the operation of the aircraft. Each remote pilot can only operate one aircraft at a time.

Rules for the operation of a model aircraft are quite simple! Just keep the required distance from third parties and respect the rules established by DECEA and ANATEL.

Model aircraft with a maximum takeoff weight (including its batteries and payload) up to 250 grams do not need to be registered. Model aircraft heavier than 250 grams must be registered or inscribed (for further information about how to register your drone, click here). To operate model aircraft above 400 feet above ground level, the remote pilot must have a license and a rating issued or validated by ANAC.

Register your drone/model aircraft

Request access to airspace

SARPAS is a system developed by the Department of Airspace Control (DECEA) with the objective of making it possible to request access to Brazilian airspace for the use of Remotely Piloted Aircraft Systems (RPAS), that is, drones, contributing to safe flights. and within the norms.

Model aircraft

Model aircraft are unmanned aircraft used for recreation or competitions.

There is no minimum limit for piloting model aircraft in Brazil.

You do not need to have any document issued by ANAC to fly a model aircraft which weighs less than 250 grams.

Model aircraft weighing less than 250 grams do not need to be registered at ANAC.

Drone/model aircraft: Register if your drone’s maximum takeoff weight is greater than 250grams – available only in Portuguese.

Rules regarding the operation of model aircraft in Brazil are available in the following Regulations: RBAC-E No. 94 (ANAC) and AIC-N 17 DECEA (only available in Portuguese).

Classification of drones

Remotely piloted aircraft (RPA) are divided in three classes based on their maximum takeoff weight, which includes battery/fuel and any possible payload. This classification is only applicable to RPA and not to model aircraft.

Class 1 – Maximum takeoff weight greater than 150 kg.

To operate Class 1 RPA (maximum takeoff weight greater than 150 kg) you need to:

Be at least 18 years old to pilot or support the operation as an observer.

Have insurance covering damage to third parties.

Perform an operational risk assessment (Supplemental Instruction – IS ANAC E94-003 – only available in Portuguese).

Operate in areas away from third parties (at least 30 meters horizontally). This restriction does not apply when people nearby have consented to the operation or when there is a mechanical barrier able to isolate and protect people who are not engaged in or have not consented to the operation.

Operate only one RPA each time.

Commence an operation only if, considering wind and other known meteorological conditions, there is sufficient autonomy to perform the flight and to land safely at the intended location.

The remote pilot shall have and carry license and rating issued or validated by ANAC as well as the Aeronautical Medical Certificate (1st, 2nd, 3rd, or 5th classes as defined in RBAC No. 67 – only available in Portuguese).

The aircraft must be registered and have an airworthiness certificate.

Class 2 – Maximum takeoff weight greater than 25 kg and less than 150 kg.

To operate Class 2 RPA (maximum takeoff weight greater than 25 kg and less than 150 kg) you need to:

Be at least 18 years old to pilot or support the operation as an observer.

Have insurance covering damage to third parties.

Perform an operational risk assessment (Supplemental Instruction – IS ANAC E94-003 – only available in Portuguese).

Operate in areas away from third parties (at least 30 meters horizontally). This restriction does not apply when people nearby have consented to the operation or when there is a mechanical barrier able to isolate and protect people who are not engaged in or have not consented to the operation.

Operate only one RPA each time.

Commence an operation only if, considering wind and other known meteorological conditions, there is sufficient autonomy to perform the flight and to land safely at the intended location.

The remote pilot shall have and carry license and rating issued or validated by ANAC as well as the Aeronautical Medical Certificate (1st, 2nd, 3rd or 5th classes as defined in RBAC No. 67).

The aircraft must be registered and have an airworthiness certificate.

Class 3 – Maximum takeoff weight less than 25 kg.

Model aircraft or RPA with maximum takeoff weight less than 250g

Model aircraft and RPA up to 250 grams are exempted from several requirements. Flying these aircraft is allowed by ANAC under full responsibility of the pilot.

These aircraft are not required to be registered or inscribed at ANAC.

You are not required to perform an operational risk assessment.

There is no age restriction for flying model aircraft.

You need to be at least 18 years to operate RPA (non-recreational flight).

Operation can only be commenced if, considering wind and other known meteorological conditions, there is sufficient autonomy to perform the flight and to land safely at the intended location.

INFORMATION FOR FOREIGNERS:

Small UAS (model aircraft or RPA up to 25 kg design operated within VLOS up to 400 feet) can be inscribed online and free-of-charge. In order to complete the process, you need to enter a valid Brazilian individual taxpayer identification number or a corporate taxpayer identification number. Obtain an individual or corporate taxpayer identification number. You should also note that your registration number shall be displayed on your drone (you can use engraving or labels) and accessible without the need of using tools.

RPA with maximum takeoff weight greater than 250g and less than 25 kg.

To operate Class 3 RPA (maximum takeoff weight greater than 250 g and less than 25 kg) you need to:

Be at least 18 years old to pilot or support the operation as an observer.

Have insurance covering damage to third parties.

Perform an operational risk assessment (Supplemental Instruction – IS ANAC E94-003 – only available in Portuguese).

Operate in areas away from third parties (at least 30 meters horizontally). This restriction does not apply when people nearby have consented to the operation or when there is a mechanical barrier able to isolate and protect people who are not engaged in or have not consented to the operation.

Operate only one RPA each time.

Commence an operation only if, considering wind and other known meteorological conditions, there is sufficient autonomy to perform the flight and to land safely at the intended location.

In case the RPA is designed to operate only in visual line of sight (VLOS) and below 400 feet above ground level, the aircraft needs to be inscribed in ANAC SISANT (only available in Portuguese).

In any other case, the aircraft must be registered and have an airworthiness certificate.

Oversight

Operations with drones are included in the continued oversight program implemented by ANAC and all complaints are investigated by the Agency within its areas of competency in accordance with the Brazilian Code of Aeronautics (Law No. 7565/86).

Other institutions oversight these operations within their areas of competency, including potential violations to criminal legislation.

Penalties

Infractions are subject to the sanctions established in the Brazilian Code of Aeronautics (Law No. 7.565/86). The description of infractions and their penalties may be consulted in ANAC Resolution No. 25/2008. ANAC may cautiously suspend operations under suspicion or in cases of evidence of noncompliance with rules that affect safety level.

Other sanctions are established by legislation related to responsibilities in the civil, administrative, and criminal spheres, especially those related to the protection of intimacy, private life, honor, and public image.

Criminal Code provides in its article 261 a penalty of imprisonment from two to five years for anyone who exposes to danger any vessel or aircraft or takes any action to prevent or impede navigation by sea, river, or air.

Article 132 of the same Code also typifies the exposition of persons to risk as a crime with a penalty of imprisonment from three months to one year *or more (if the crime is considered more serious) in cases where people are subjected to direct threat to their life or health.

Under the Law of Misdemeanor, flying an aircraft without being properly licensed may result in a sentence of imprisonment (fifteen days to three months) and a fine. Under article 35 of the same Law, practicing stunts or performing low passes outside authorized zones can lead to imprisonment (fifteen days to three months) and a fine.

Other penalties may be applied according to the rules of other public agencies such as ANATEL, DECEA and the Ministry of Defense.

Advanced Air Mobility (AAM) Reguations & Policies

None found by the author.

However, should you, the reader, happen to stumble across something to the contrary, please email the author at FISHE5CA@erau.edu and you may be mentioned in the ACKNOWLEDGEMENTS section of this book by way of thanks for contributing to this free eBook!