Drone Laws in Brazil, Penalty, Restrictions (2023 Updated)
Unlike traditional aircraft, drones can be easily deployed and do not require a runway or pilot. As a result, they are often used for agricultural and environmental purposes, such as mapping forests and tracking wildlife. In addition, drones are also being used to monitor traffic and deliver parcels.
While there are many benefits to using drones, there are also some concerns. For instance, there is the potential for privacy breaches if drones are used to spy on people. There is also the risk of collisions if drones are not operated correctly.
As drones become more popular, countries worldwide are starting to create laws regulating their use. In this blog post, we'll take a look at drone laws in Brazil. We'll explore how Brazil uses drones and what restrictions are in place for operators.
Table of Contents
- Can drones be legally flown in Brazil?
- General Drone Rules in Brazil (2023)
- Agencies That Regulate Drones in Brazil
- Drone Airworthiness Certificate
- Beware of No-Drone Zones
- Penalties and Offenses in Brazil
- Registering Your Drone
- Recreational / Commercial Rules for Drones
Can drones be legally flown in Brazil?
Yes, drones can be legally flown in Brazil under certain regulations. All unmanned aircraft for recreational use (model aircraft) or non-recreational purposes (RPA), with a maximum takeoff weight greater than 250g and limited to 25kg, must be registered in the Unmanned Aircraft System (SISANT).
General Drone Rules in Brazil (2023)
There are indeed rules for drones in Brazil. And as with any set of regulations, there are reasons behind them. Here we'll take a look at just some of the many rules Brazilian airspace administrators have put in place for unmanned aerial vehicles (UAVs).
While it may seem that some of these rulings could hamper your fun, it's important to remember that when operating a drone in any country. Here are some of them :
- Drone pilots must be at least 18 years old.
- You will need to register your drone with ANAC's SISANT in order to fly legally.
- In order to operate a drone, the individual must have a license that corresponds with their desired use for the device.
- Must not fly over densely populated areas or near airports or military bases.
- The drone must always remain in the line of sight of the pilot.
- For flights lower than 30 meters, you should maintain a safe distance of 5.4 kilometers from airports. If the flight is between 30 and 120 meters, the advised safety distance increases to 9 kilometers.
- Do not fly a drone under the influence of drugs and alcohol.
- A drone pilot is not allowed to operate more than one drone at a time.
- Drones are not allowed to fly over prison and correction facilities.
- Drone pilots must have valid third-party insurance.
- The drone should only be flown with someone controlling it, not autonomously.
- Drones should fly away from people not involved in the flight.
- Brazillian law requires that each aircraft and all of its equipment must be registered to one specific person or company, who will then be held legally responsible for the craft.
- A drone airworthiness certificate, or CAER, is required to operate a drone in Brazil.
Read Also: Updated Drone Laws in Rhode Island
Agencies That Regulate Drones in Brazil
When it comes to drones, Brazil is a country that has taken a proactive stance in regulating aircraft. This is largely due to the number of drones that are being used commercially and recreationally in the country.
As a result, there are several agencies that oversee drone operations in Brazil. Here's a look at some of them.
The National Civil Aviation Agency (ANAC)
The National Civil Aviation Agency (ANAC) is the main regulator when it comes to drones in Brazil. They are responsible for creating the rules that govern drone operations in the country. Currently, ANAC requires all drones to be registered and licensed.
They also have a set of rules that limit where and how drones can be flown. For example, drones are not allowed to fly over densely populated areas or near airports.
Violating these rules can result in fines or jail time. In addition, ANAC is working on creating a system that will allow authorities to track and identify drones that are flying illegally. This will help crack down on illegal drone use and make the skies safer for everyone.
Department of Airspace Control (DECEA)
The Department of Airspace Control (DECEA) is a Brazilian federal agency responsible for managing the country's airspace. It is headquartered in Brasília, and the Ministry of Defence coordinates its activities.
DECEA was created in response to Brazil's growing need for air traffic control. In addition to its primary mission of ensuring safe and efficient air traffic management, DECEA also provides support for search and rescue operations, environmental protection, and disaster relief.
The Unmanned Aircraft System (SISANT)
The SISANT was created in order to provide a new agile, and modern approach to allow the development of the drone sector in Brazil. In early 2022, the system had more than 90,000 registered drones.
- The main purpose of this system is to manage the traffic of drones in a safe and efficient way, as well as to control and authorize their operations in Brazilian airspace.
Drone Airworthiness Certificate
In order to purchase a drone that is heavier than 25 kg for commercial use in Brazil, you will need authorization from ANAC. With this certification, you will be able to obtain an airworthiness certificate (CAER) for your drone.
In order to obtain CAER, your drone will need to meet certain safety requirements, including having a registration number and being equipped with an emergency locator beacon. Once you have obtained CAER, you will be able to operate your drone in Brazil.
Read Also: All Drone Laws in Bulgaria
Beware of No-Drone Zones
A no-drone zone is an area where drone activity is restricted or prohibited. The restrictions vary depending on the location, but they typically prohibit flying drones above a certain altitude or within a certain distance of airports, schools, and other sensitive areas.
No drone zones are put in place to protect public safety and privacy, and violators can face stiff penalties, including fines and jail time.
In recent years, the number of no-drone zones has increased as the popularity of drones has grown. However, many people are still unaware of the restrictions, and there have been several instances of drones causing accidents or landing in sensitive areas.
As a result, it is important to be aware of the regulations before flying a drone in any area.
Do not fly over or near military locations, ancient ruins, or other key infrastructure. Also, avoid flying close to any airports in the vicinity. Contact the local park or reserve authorities to see if you need permission to enter national parks and reserves.
How to be aware of No-Drone Zones in Brazil?
Brazilian law restricts the operation of drones in certain areas and locations. It is important to be aware of No-Drone Zones in Brazil, including airports, military bases, national parks, and other restricted airspaces.
You can find a full list of No-Drone Zones on the ANAC (Agência Nacional de Aviação Civil) website. Additionally, local municipalities may have their own restrictions on drone usage within their cities or towns.
Be sure to check with your local authority for any additional no-fly zones that may apply where you are operating.
Read Also: Drone Laws in Portugal
Penalties and Offenses in Brazil
The size of the fine for breaking Brazilian law depends on how severe your offense is. The judges will also take into account whether you committed the infraction intentionally and/or if you had any ulterior motives.
However, Brazilian authorities have specified that you will fall under Law No. 7,565 / 86 (CBA) jurisdiction. This law outlines the fines and penalties associated with a variety of offenses, from littering to embezzlement.
Depending on the severity of your offense, you could be facing a hefty fine or even jail time. If you are convicted of a crime, it is important to speak with a Brazilian lawyer who can help you understand your rights and options under the law.
Registering Your Drone
All unmanned aircraft for recreational use (model aircraft) or non-recreational purposes (RPA), with a maximum takeoff weight greater than 250g and limited to 25kg, must be registered in the Unmanned Aircraft System (SISANT).
In accordance with Brazilian law, it is mandatory to register all drones operating in Brazil. This requires a registration number as proof that you are the owner and operator of the drone and also helps to identify who is responsible in case of an issue or accident. The registration process varies depending on the size and type of drone.
In order to register your drone, you will need to provide some basic information about yourself and your aircraft. Personal data such as your name, address, and CPF number will be required, as well as data about the legal entity that owns the drone, if applicable.
You will also need to provide aircraft data such as the make and model of the drone, its serial number, and a photo that can be used to identify it.
Once this information is provided, you will be given a nine-digit identification number for your equipment. This number must be placed in a visible spot on the aircraft so that it can be easily identified. The system will then generate a certificate of registration, which is required for all drone operations.
Recreational / Commercial Rules for Drones
Different regulations will apply in Brazil depending on the weight and intended use of your drone. Both commercial and recreational users are subject to some restrictions and a code of conduct.
In Brazil, drone laws are managed by the Brazilian Civil Aviation Authority (ANAC) and the Department of Airspace Management. Brazil has four levels of drone operation based on the drone's weight.
- The first level is for drones weighing less than 250 g.
- The second level is for drones weighing between 250 g and 25 kg. This would be classified as a class 3 under their system.
- The third level is for drones falling between 25 kg to 150 kg, this would be considered a class 2 under their regulations.
Drones heavier than that, at over 150kgs, would require special permission from authorities and thus falls into the fourth or lastly completely restricted category.
Flying a drone in Brazil comes with many rules and regulations that must be followed. It is important to be aware of these laws before taking off into the sky, as failure to do so could result in hefty fines or even jail time.
Additionally, all drones must be registered with the Unmanned Aircraft System (SISANT) and have a nine-digit identification number visibly placed on the aircraft.
Depending on your drone's weight and intended use, different regulations will apply in Brazil, so make sure you know what is required for your particular drone before taking it out for a spin.
By following these protocols, you are sure to have an enjoyable experience flying your drone in Brazil. Hope this article helped; feel free to comment and share.