Library of Congress

Law Library of Congress

The Library of Congress > Law Library > News & Events > Global Legal Monitor

Brazil: Air Force Authorized to Destroy Hostile Aircraft

(June 23, 2014) A Decree published on June 12, 2014, gives the commander of the Brazilian Air Force the power to authorize the destruction of any aircraft considered hostile in Brazilian airspace during Brazil’s hosting of the World Cup. (Aeronáutica Pode Destruir Aeronaves Consideradas Hostis, Durante a Copa, AGÊNCIA BRASIL (June 12, 2014).)

Decree No. 8,265 of June 11, 2014 (Decreto No, 8.265, de 11 de Junho de 2014, PLANALTO) regulates the Brazilian Aeronautical Code (Lei No. 7.565, de 19 Dezembro de 1986, PLANALTO) with respect to aircraft subject to destructive measures during the period between June 12 and July 17, 2014.

Article 303 (§ 2) of the Aeronautical Code determines that after all coercive means provided by law have been used to deter an unwarranted incursion of Brazilian airspace, an aircraft will be classified as hostile and subject to destruction, upon authorization of the President of the Republic or the authority agent delegated by her. In this case, the jurisdiction of such powers is being delegated to the Commander of the Brazilian Air Force. (Id.)