Drone regulation—Brazil—Q&A guide

The following TMT practice note provides comprehensive and up to date legal information covering:

  • Drone regulation—Brazil—Q&A guide
  • 1. What basic rules govern the operation of remotely piloted aircraft and unmanned aircraft (drones) in your jurisdiction? Which regulatory bodies are charged with enforcing these rules?
  • 2. What are the penalties for non-compliance with the laws and regulations governing drones?
  • 3. Is there any distinction between public and private drones, as well as between leisure use and commercial use?
  • 4. Is there a weight-based classification system for drones resulting in the application of different rules?
  • 5. Is there any distinction between completely autonomous drones and remotely piloted drones?
  • 6. Do specific rules regulate the design and manufacture of drones in your jurisdiction?
  • 7. Must drone manufacturers obtain any licences or other authorisation to carry out their business? Are manufacturers subject to any other specific rules?
  • 8. Do general product liability rules (or other specific liability rules) apply to the manufacture of drones?
  • 9. Must drones be registered in a specific national registry? If so, who is entitled to register drones and what requirements and restrictions apply? Is the registry organised as an operator registry or an owner registry?
  • More...

Drone regulation—Brazil—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to drone regulation in Brazil published as part of the Lexology Getting the Deal Through series by Law Business Research (published: September 2020).

Authors: Basch & Rameh Advogados Associados—Nicole Cunha

1. What basic rules govern the operation of remotely piloted aircraft and unmanned aircraft (drones) in your jurisdiction? Which regulatory bodies are charged with enforcing these rules?

Drone is a popular name used for remotely piloted aircraft (RPA). The principal rule over the subject is RBAC-E 94 issued by the Brazilian National Civil Aviation Agency (ANAC) in May 2017, which expressly regulates the requirements for unmanned aircraft for civil use. General laws such as the Brazilian Aeronautical Code (Brazilian Law 7.565 of 1986) and criminal, civil and administrative laws in Brazil (principally regulating personal inviolability and personal image) should also be observed. Local rules and guidance issued by the Brazilian National Telecommunications Agency (ANATEL) and the Air Space Control Department (DECEA) must be observed as well. Military use of drones is not subject to RBAC-E94 but to DECEA rules only.

2. What are the penalties for non-compliance with the laws and regulations governing drones?

The same penalties applicable to general aviation are applicable to the use and operation of drones as they are considered aircraft. General administrative penalties listed in the Brazilian Aeronautical Code and other administrative penalties issued

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