DECEA applies sanctions after social media reports
The Airspace Control Department (DECEA), through the Air Force Judgment Board (JJAER), initiated the application of Administrative Sanctions to pilots who deliberately endangered people and other aircraft in flight using remotely piloted aircraft (RPA).
The images and videos received were entered in DECEA through the Citizen Service (SAC) and, after substantiation, with the confirmation of existence in the respective media (such as Youtube, WhatsApp, Twitter and Facebook), was started administrative proceedings provided for in Federal Law 7,565, the Brazilian Aeronautics Code.
As already reported, DECEA has no intention of conducting social media searches for actions that meet the established rules. However, when receiving information about flights that endangered people and air navigation, actions became necessary.
Three processes have been started.
Video 1 – A drone takes off and in the background you can clearly see the takeoff of a helicopter. The pilot then decides to follow the helicopter, getting even taller than the manned aircraft in a certain portion of the video. It is noteworthy that such action is further typified in Articles 132 and 261 of the Penal Code.
Photos 2 and 3 – A drone takes pictures near the Santos Dumont airport traffic circuit, clearly endangering the approaching landing aircraft and those taking off from the airport involved. Action also typified in Articles 132 and 261 of the Penal Code.
Video 4 – A drone flies over people, bathers and vehicles on Copacabana beach in Rio de Janeiro. At the end of the original video, the aircraft operator appears drinking alcohol.
All images and videos have been uncharacterized in order to preserve people’s image.
All unauthorized operations that violated the various articles provided for in the Penal Code, the Civil Code and the Law on Criminal Infringements, in their civil and criminal spheres, are subject to fines.
Several lawsuits have already been analyzed and tried and others are in the analysis phase.
The sanctions applied aim to mitigate illicit initiatives in order to maintain the security of access to airspace by manned and unmanned aircraft.
The Brazilian State stands out at the international level with regard to regulation for unmanned aircraft. Thus, the tireless work of DECEA aims to maintain the safety levels already applied, as well as to foster the evolution of this new sector by being applied in non-recreational operations and providing the best conditions for the practice of aeromodelling.
Basically, there are four laws that guide the use of Brazilian airspace by this new air component:
-ICA 100-40 – Handles non-recreational flights on the following types: Standard, Shadow Principle and Aerial Lift;
-AIC N 17 – It deals exclusively with RECREATIVE operations;
-AIC N 23 – Deals with operations for the benefit of the Federal, State and Municipal Governing Bodies; and
-AIC N 24 – Deals with operations for the benefit of the Public Security, Civil Defense and Internal Revenue Service of Brazil.
Other rules are being written in order to make airspace access more flexible for emergency operations aimed at pro-population actions, operations of sound and image broadcasting stations, etc. This was only possible thanks to the maturation of the industry and users.
Actions such as those shown in videos and photos can lose everything that DECEA and users have achieved.
We repeat that the Brazilian State is a reference in the world, in terms of regulation for such aircraft and airspace safety and in all respects, no setbacks will be accepted.
Below are the links to the laws cited:
- AIC N 17 – https://publicacoes.decea.gov.br/?i=publicacao&id=4782
- AIC N 23 – https://publicacoes.decea.gov.br/?i=publicacao&id=4783
- AIC N 24 – https://publicacoes.decea.gov.br/?i=publicacao&id=4784
- ICA 100-40 – https://publicacoes.decea.gov.br/?i=publicacao&id=4510
There is no safe and conscious flight outside of the RPA and / or model Aircraft Access Rules. Illicit flights endanger not only the hobby, but an ENTIRE SECTOR, through which NUMBER jobs are being created and MANY families are being sustained. Think about it!
DECEA Press Officer
Review: Telma Penteado – Journalist