Brazilian Space Law

Abstract

The article provides an overview of the Brazilian legal framework for space-related activities, highlighting the main legal instruments and their most relevant provisions. Domestic regulatory initiatives are appraised and contextualized through the review of specific provisions and legal instruments. The Brazilian space program’s normative structure is acknowledged, considering national space policy and applicable legislation. Brazil regulates national space activities through a myriad of regulations and edicts, forming a broad—although fragmented—body of rules. Considered an emerging space power, Brazil has a long-standing and ambitious space program, involving artificial satellites, launch centers, and the eventual development of a national launch vehicle. However, a domestic, general space law, as required by the Federal Constitution of 1988, still awaits to be enacted. The latest developments at the Brazilian Space Agency indicate that it might not be too long for such a federal law to materialize. The importance of a national space law for the implementation of international obligations as well as to ensure legal certainty for governmental and non-governmental national space activities is increasingly realized by space-faring nations. The Brazilian space legal framework represents a relevant case study toward the identification of appropriate legal mechanisms for the regulation of national space activities, taking into account international principles and local perspectives.