The Airspace Control Department (DECEA) is the Air Force Command body responsible for planning, managing and controlling activities related to airspace control, flight protection, search and rescue services and telecommunications for the Air Force Command. As the central body of the Brazilian Airspace Control System (SISCEAB), DECEA is also responsible, as provided for in Ordinance No. 913/GC3 of September 21, 2009, for providing the necessary means for the management and control of airspace and air navigation services, in a safe and efficient manner, as established in national regulations and in international agreements and treaties to which Brazil is a party.

DECEA has, in its structure, Regional Agencies, which develop activities in General Air Circulation (CAG) and Military Operational Circulation (COM), coordinating actions of management and control of airspace and air navigation in their areas of jurisdiction. DECEA's Regional Agencies are CINDACTA I, II, III and IV and SRPV-SP, with their areas of jurisdiction defined, as illustrated below:

Airspace is an area of ​​public and finite interest, as well as strategic for the national defense of a nation. Therefore, it is understood that any and all equipment or artifact that accesses airspace must comply with the relevant legislation in order to act in a coordinated and safe manner towards other users of airspace. The International Civil Aviation Organization (ICAO), an institution linked to the United Nations (UN), of which Brazil is one of the most active Signatory States, recommends in Article 8 of the Convention on International Civil Aviation, signed in Chicago on December 7, 1944 and amended by the ICAO Assembly (Doc 7300), referred to as the “Chicago Convention” that:

“No aircraft capable of being flown without a pilot shall be flown without a pilot over the territory of a Contracting State without special authorization issued by that State and in accordance with the terms of such authorization. Each Contracting State undertakes to ensure that the flight of such aircraft without a pilot in regions open to civil aircraft shall be so controlled as to avoid danger to civil aircraft.”

In this context, there is a need to regulate access to airspace by Unmanned Aircraft, popularly known as “drones”.

It is worth noting that, among operators, pilots and even the industry involved in the development and use of unmanned aviation, it is clear that, in general, aeronautical culture and knowledge of rules and regulations related to air activity, such as air traffic rules, navigation, meteorology, etc., are still below the desired level and, therefore, regulations are also aimed at educating users of this new aeronautical segment.

Therefore, in June 2020, DECEA reissued ICA 100-40, which regulates access to Brazilian airspace by Unmanned Aircraft Systems (UAS) in accordance with article 1 of Law No. 7,565 as complementary legislation to the Brazilian Aeronautics Code.

In the field of regulation of the area affecting the certification of equipment and operation, which is the responsibility of ANAC, government regulation is the main aspect that entrepreneurs identify as essential, as legal uncertainties prevent - or at least inhibit - users who need the services from making contracts, and entrepreneurs from making decisions and new investments, as well as insurance companies not covering this market.

DECEA, through the UAS Committee, has been working tirelessly to provide this new aeronautical segment with legislation that meets the needs of users and promotes the development of the sector in a coordinated and safe manner for all users of Brazilian airspace.

RPAS (Remotely Piloted Aircraft System) is the technical term and internationally standardized by ICAO to refer to the subset of the Unmanned Aircraft System, capable of interacting with the Air Traffic Control System and other aircraft in real time, composed of the remotely piloted aircraft (RPA), its remote piloting station(s), the piloting link and any other component associated with its operation.

MODEL AIRCRAFT is an unmanned aircraft used exclusively for recreational purposes. Regulated by MCA 56-2 - UNMANNED AIRCRAFT FOR RECREATIONAL USE - MODEL AIRCRAFT

The purpose of the Aeronautical Command Manual 56-2 (MCA 56-2) is to regulate the procedures and responsibilities necessary for access to Brazilian Airspace by unmanned aircraft, with use exclusively for recreation, the so-called Aeromodelos.

VLOS operation, Visual Line-Of-Sight, operation in visual meteorological conditions (VMC), in which the pilot maintains direct visual contact with the aircraft (without the aid of lenses or other equipment, except corrective lenses), in order to conduct the flight with the responsibilities of maintaining separation from other aircraft, as well as avoiding collisions with obstacles.

EVLOS, Extended Visual Line-Of-Sight, operation refers to the situation, in a VMC operation, in which the Remote Pilot, without the aid of lenses or other equipment, is not able to maintain direct visual contact with the Unmanned Aircraft, thus requiring the assistance of Observers to conduct the flight with the responsibilities of maintaining navigation safety, as well as avoiding collisions with obstacles, following the same rules as a VLOS operation.

Also known as a UAS observer, this is an observer designated by the Applicant, a member of the UAS team who, through visual observation of an Unmanned Aircraft, assists the Remote Pilot in the safe conduct of the flight, requiring, for this purpose, permanent communication with the pilot. NOTE: Visual observation, as established for VLOS operation, must be established without the aid of other equipment or lenses, except for corrective lenses.

BVLOS, Beyond Visual Line-Of-Sight, is the type of operation in which the Remote Pilot is unable to keep the Remotely Piloted Aircraft within visual range.

RPS, Remotely Pilot Station, is the technical and internationally standardized term referring to the component that contains the equipment necessary for piloting the Unmanned Aircraft.

An autonomous unmanned aircraft is one that does not allow the pilot to intervene in the conduct of the flight, with the mission planning having been designed in this way. An automatic unmanned aircraft allows the pilot to intervene at any time in the conduct and management of the flight, even though the parameters and flight profiles are controlled by computer systems. Therefore, only automatic unmanned aircraft will be subject to authorization to use the airspace, with the due assignment of responsibilities to the pilot in command.

Despite its vastness, airspace is finite and is used by many types of users (such as commercial, military, ultralight and parachute aircraft, among others) and has very specific operating characteristics. In this context, authorization for use of airspace, in addition to complying with Art. 14 §4° of Law 7,565, Brazilian Aeronautical Code (CBA), is necessary for coordination among airspace users in favor of operational safety.

Como ilustração, citamos o seguinte caso: O operador do Sistema de Aeronave Não Tripulada (UAS) pretende realizar um voo em área desabitada até 400ft AGL (aproximadamente 120 metros de altura). Bem, pela ICA 100-4, a qual trata das operações de helicópteros, é preconizado que a altura mínima para voos de helicópteros em áreas desabitadas é de 200ft (aproximadamente 60 metros). Só por essa questão podemos perceber que o voo da Aeronave Não Tripulada (UA) sem coordenação poderá causar conflito no caso de um tráfego de helicóptero convergente com a área de voo, colocando em risco a operação do helicóptero.

Unmanned Aircraft (UA) operations in non-confined areas must obtain approval for the remote piloting station from ANATEL and request the authorizations provided for in ANAC regulations, if applicable. With these approvals in hand, the Unmanned Aircraft System (UAS) operator must register in the SARPAS system and request authorization to use the airspace, attaching to the process the documentation issued by the aforementioned agencies (ANAC and ANATEL). In the case of operations in confined areas, the operator will only need approvals from ANAC and ANATEL, and will not need authorization to use the airspace issued by DECEA.

One of the biggest challenges to the integration of Unmanned Aircraft Systems (UAS) is the lack of a detect and avoid (DAA) system that allows the remote pilot to operate in accordance with the rules of the air. FPV, to date, is not certified by regulatory agencies, and the operation must be classified as BVLOS and comply with the specific rules for this type of operation.

The deadlines for requesting the use of airspace will depend on the characteristics of the intended operation, and may vary from 45 minutes to 18 days in advance of the start of activities, as per chapter 12 of ICA 100-40.

Flights inside closed buildings and structures, even partially, including gymnasiums, stadiums and open-air arenas (up to the vertical limit of their lateral structure) are the sole responsibility of the owner of the structure or the tenant of the property and must be authorized by the latter, and are not considered “airspaces” under the responsibility of DECEA. Furthermore, ANAC and ANATEL regulations and current civil liabilities must be observed.

The operation of unmanned aircraft must occur in such a way that its vertical projection on the ground is at least 30 meters away from non-consenting persons. If the persons involved consent to the operation, that is, they expressly authorize (by formal means) the operator/operator of the Unmanned Aircraft (UA) to be flown over, there will be no need for the required distance.

Therefore, the operator of the Unmanned Aircraft System (UAS), in possession of the authorizations issued by the regulatory agencies (ANATEL and ANAC) and by DECEA, will be responsible for operating within the conditions established and recommended in the legislation in force, and may be held liable for non-compliance with the authorization issued, as well as for possible damages caused to third parties.

Access to airspace by Unmanned Aircraft (UA) at night will be subject to compliance with item 4.2.4 - LIGHTS TO BE DISPLAYED BY AIRCRAFT, of ICA 100-12.

Flights over security areas, crowds of people and trajectories used by other aircraft will be prohibited.

The following are considered security areas, among others: refineries, oil exploration platforms, fuel depots, penal establishments, military areas, hydroelectric plants, thermoelectric plants, nuclear plants, water or gas supply networks, dams or reservoirs, communication networks (such as antenna sites) or air navigation surveillance networks (such as air surveillance radars), which, if damaged, will cause serious social, economic, political or security impacts.

Any Explorer/Operator who flies over security areas without the respective authorization will be subject to the relevant civil and criminal implications, as set out in current legislation. Furthermore, in some cases, the neutralization of Unmanned Aircraft (UA) is foreseen and authorized when it poses a threat.

NOTE: In requests for access to airspace over or near public facilities, such as government headquarters, legislative chambers, assemblies, environmental parks, among others, the request for access to airspace will be analyzed by DECEA. If such access does not comply with a specific determination for the intended location, the user will be subject to the sanctions and measures provided for by the respective administrations.

The Brazilian Aeronautical Code - CBA (Law No. 7,565, of December 19, 1986) guides the investigation and application of administrative sanctions through various penalties provided for in its article 289, including FINE, when the Remote Pilot violates any guidelines that constitute non-compliance with current legislation.

The Aeronautical Judgment Board (JJAer), provided for in Decree No. 7,245 of July 28, 2010, is responsible for investigating and applying administrative penalties and measures provided for in the Brazilian Aeronautical Code (CBA) and in complementary legislation, for conduct that constitutes Air Traffic Violations and non-compliance with the rules that regulate the Brazilian Airspace Control System (SISCEAB). The Regulation of the Aeronautical Judgment Board (Ordinance No. 09 – DGCEA, of November 5, 2011) establishes the specificities, fine amounts and guidelines inherent to the aforementioned administrative process.

The investigation of violations and application of administrative sanctions, described and provided for in the Unmanned Aircraft System (UAS) operation, do not exempt those responsible for those acts that constitute violations or crimes in other areas of Civil and Criminal Law, and all other applicable laws. To reprimand irregular activity, regulatory bodies may use Article 290 of the CBA, which states that the aeronautical authority may request the support of the police force to obtain the detention of the alleged offenders or of the aircraft that endangers public safety, people or property, within the limits of the provisions of the CBA.

Irresponsible use of airspace may be subject to the laws specified below, as appropriate:

Decree Law 2.848/1940 – Penal Code

Art. 132 - Exposing the life or health of another to direct and imminent danger.

Art. 261 - Exposing one's own or another's vessel or aircraft to danger, or carrying out any act tending to impede or hinder maritime, river or air navigation.

Law 7.565 – Brazilian Aeronautical Code - CBA

Art. 289 - In the event of a violation of the provisions of this Code or complementary legislation, the aeronautical authority may take the following administrative measures: I – fine.

Art. 291- Whenever an infraction provided for in this Code or in complementary legislation is verified, the aeronautical authority shall draw up the respective report, forwarding it to the competent authority or body for investigation, judgment or appropriate administrative action. § 1° When the infraction constitutes a crime, the authority shall immediately bring the fact to the attention of the competent police or judicial authority.

Law 10.406/2002 – Civil Code

Art. 186 - Anyone who, through voluntary action or omission, negligence or imprudence, violates the rights of others and causes harm, even if only moral harm, commits an unlawful act.

Decree Law 3.688/1941 - Law of Criminal Offences

Art. 33 - Driving an aircraft without being properly licensed.

Art. 35 - Engaging in aviation, acrobatics or low-flying, outside the area where the law permits it, or bringing down the aircraft outside the places designated for that purpose.

The operation of Unmanned Aircraft will only be permitted from aerodromes where manned aircraft operate or, even, at a distance of less than 9 km when operating in the ZAD and 2 km when operating outside it, if expressly authorized by the administrator or operator of the respective aerodrome, by the responsible Regional Body and by the local ATS body (if any), being subject to the suspension of manned operations on the ground and in the traffic circuit, as specified below:

a) Takeoff - from the moment the Unmanned Aircraft (UA) engines are activated until it leaves the traffic circuit; and

b) Pouso - do momento da entrada no circuito de tráfego até a parada total da UA e corte dos motores

NOTE 1: The authorization of the Airport Administrator or aerodrome operator must be proven by sending the required documentation at the time of the request in SARPAS.

NOTE 2: The authorization of the local ATS Body must be proven by preparing and submitting the following documents at the time of the request in SARPAS:

a) Operational Risk Assessment (ARO), as recommended in paragraph E94.103(f)(2) and E94.103(g)(2), listing the hazards, risks, probabilities and severities in the event of occurrences, in addition to the mitigating actions, if applicable, prepared by the operator;

b) Operational Safety Impact Analysis (AISO), which must describe the operations and the areas of the aerodrome where they will occur, and identify the hazards, risks, probabilities and severities in the event of occurrences, in addition to the mitigating actions, if applicable, prepared by the Local Airport Administrator (AAL); and

c) Letter of Operational Agreement (CaOp) between the AAL, the UA operator and the local ATS Unit (if any) establishing at least:

- agreed operational procedures;
- conditions for carrying out operations;
- emergency operational procedures;
- means of communication between the remote pilot, local ATS unit and AAL, when applicable;
- competencies of all entities directly or indirectly involved in the operations;
- description of all unmanned aircraft to be used in operations (brands, models, certificates and C2 Link of all UA that will or may be used);
- sketch of the areas of the aerodrome where operations will take place;
- segregation or accommodation of operations at the aerodrome by means of operational conditions; and
- other conditions deemed necessary by the responsible Regional Agency.

NOTE 3: The authorization of the Regional responsible for the area will be issued in SARPAS, after analysis of the documentation necessary for the operation; and

NOTE 4: It should be noted that unmanned aircraft operators perform the role of Remote Pilot. Therefore, it is their sole responsibility to analyze the entire area covered by their operation and also to carry out an appropriate analysis of the possible impact on the surrounding aerodromes and helipads.

ICA 100-40 sets out the technical and operational requirements to be observed by operators in order to obtain authorization for the use of Unmanned Aircraft (UA) in areas with large crowds.

The problem today is that many operators have not considered the Unmanned Aircraft (UA) as an aircraft, but rather as a “toy”. As a result, we have seen several incidents in the media involving people who did not consent to the operation of the UA due to the irregular operation of the equipment.

Any and all UAS operations require a careful risk assessment by all involved. However, operations carried out up to 400 FT AGL, an environment known as Very Low Level (VLL) and in which manned aviation is dependent on procedures centered on human interaction, require greater attention from Authorities around the world.

Regarding the areas, it is regulated by ICA 100-40 that the flight of an Unmanned Aircraft (UA) must remain away from the path of another aircraft, manned or not. When evaluating the request for airspace to be used, the Regional Agency must take into account that the operation of UAS will not have priority over airways, instrument procedures, traffic circuits, visual corridors, safety areas and conditioned airspaces already published.

Some equipment currently has systems known as No-Fly Zones (NFZ) or Geo Fence that prevent them from being activated, when inside, or from flying into previously determined areas.

In view of the issue of regulation, the matter in question is subject to requirement if deemed necessary by the competent authority in accordance with article 15 of Law No. 7,565 (Brazilian Aeronautics Code), the content of which states that "for reasons of air navigation safety or in the public interest, it is permitted to establish zones in which air traffic is prohibited or restricted, establish entry or exit routes, suspend traffic in whole or in part, as well as the use of a certain aircraft, or the performance of certain air services”.

Flight altitude limit

Flight altitude resulting from the sum of the altitude of the takeoff point declared in the request for access to airspace and the Requested Flight Height. For the purposes of air traffic management analysis, the Flight Limit Altitude is considered as the upper vertical limit of the volume of airspace requested by the Applicant and may not be extrapolated regardless of variations in relief, obstacles and possible takeoffs from locations other than those declared in the flight request, as failure to observe it may constitute a danger to air navigation.

Altura de voo solicitada
Height reported by the Applicant in the request for access to airspace. During the operation, the unmanned aircraft may maintain a maximum of this height above the terrain or obstacles being flown over, provided that it does not exceed the Flight Limit Altitude.

Attention!! Regardless of the terrain, the Flight Limit Altitude and the Requested Flight Height cannot be violated.