Abstract
This Chapter aims at presenting some basic information on Brazilian space legislation, having particularly in mind private entrepreneurs planning to carry out space activities in Brazil.
To use international cooperation involving technology transfer that accords with national interests. 1
Priority of Brazilian National Program of Space Activities – 2005–2014.
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Notes
- 1.
José Monserrat Filho, “Brazilian Launch Centre Goes to Market”, Space Policy, Vol. 15, 1999.
- 2.
Frans G. von der Dunk, “Launching Alcantara into the Global Space Economy – The 2001 Brazilian National Space Law”, presented at the 45th Colloquium on Law of Outer Space, Houston, Texas, USA, October 14–19, 2002.
- 3.
Article VI, Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (the Outer Space Treaty), 1967.
- 4.
Preamble and Article I, the Outer Space Treaty.
- 5.
Brazil ratified the Outer Space Treaty, under the Brazilian Government Decree No. 64.362, of April 17, 1969, and published in the Union’s Official Gazette on April 22, 1969; the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, of December 19, 1968, promulgated by Brazilian Government Decree N. 71.989, of March 26, 1973, and published in the Union’s Official Gazette on March 27, 1973; the Convention on International Liability for Damage Caused by Space Objects, of March 29, 1972, promulgated by Brazilian Government Decree N. 71.981, of March 22, 1973, and published in the Union’s Official Gazette on March 23, 1973. Only in 2006 Brazil has adhered to the Convention on Registration of Objects Launched into Outer Space, of January 14, 1975. When this Convention was adopted in 1975, Brazil refused to sign it, arguing that it has only an administrative function – to control the quantity of objects launched into outer space, and it did not allow for an evaluation of the real mission of a space object. Many other countries held the same position. However, during the 40th Session of the Committee on the Peaceful Uses of Outer Space’s Legal Subcommittee, held in Vienna, Austria, from April 2 to 12, 2001, the Brazilian Delegation announced the governmental decision to adhere to the Registration Convention. Brazil’s decision is based on the consideration that the political world situation has strongly changed since the 1970s and that it needs to join this Convention to be fully in compliance with international legal conditions to introduce the CLA in the world market. This does not mean that Brazil renounces its former position. The Brazilian Government believes that by being a Party to the Registration Convention, it will be in a better position to promote the necessary up-dating of this instrument. For details, see Álvaro Fabrício dos Santos, “Brazil and the Registration Convention”, Proceedings of The 44th Colloquium on The Law of Outer Space, Toulouse, France, October 1–5, 2001, Published by AIAA, pp. 78–86.
- 6.
José Monserrat Filho, “The new Brazilian Space Agency: a political and legal analysis,”Space Policy, Vol. 11, Number 2, May 1995.
- 7.
Other Brazilian legal texts which have stimulated the commercialization of the CLA and other space projects include: Administrative Edict CA/MD (Air Command/Defense Ministry) No. 100/GC4, of February 25th, 2000, on the register of Aerospace Industry enterprises and products, for the fulfillment of the covenant on sales tax (tax reduction incentive); Law No. 9.994, of July 24th, 2000, creating the Program for the Scientific and Technological Development of Space Sector (Industry); Normative Instruction No. 29, approved by Federal Income Secretary of the Financial Ministry on March 15th, of 2001, on customs regime to regulate the temporary admission of material necessary for the launching activities of satellites from the CLA.
- 8.
José Monserrat Filho, and Valnora Leister, “Brazil-USA Agreement on Alcantara Launching Centre,” Proceedings of the Forty-Third Colloquium on the Law of Outer Space, Rio de Janeiro, Brazil, October 2–6, 2000, pp. 328–334; “The Discussion in the Brazilian National Congress of the Brazil-USA Agreement on Technology Safeguards Relating to the Use of Alcantara Spaceport,”Proceedings of the Forty-Fourth Colloquium on the Law of Outer Space, Toulouse, France, October 1–5, 2001, pp. 377–384; “Brazil-Ukraine Partnership for the Use of the Alcantara Launch Centre,” paper presented in the Forty-Fifth Colloquium on the Law of Outer Space, Houston, Texas, USA, October 10–19, 2002.
- 9.
Frans G. von der Dunk, op. cit., supra note 3.
- 10.
Frans G. von der Dunk, ibid.
- 11.
The complete text of the approved Regulations on Space Safety are available on the website of the AEB: http://www.aeb.gov.br/area/PDF/regulamento_seguranca.pdf (accessed: 12 December 2008).
References
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Le cadre institutionnel des activities spatiales des états. 1997. sous la direction de Simone Courteix, préface de Hubert Curien, Chapitre V, Section II: Brésil par José Monserrat Filho, Editions A. Pedone.
Graham, C. P. 1991, February. The Brazilian Space Program – An Overview, Space Policy, Vol. 7, Number 1.
Oliveira, F. 1991. Pathways to Space (30 Years of the National Institute for Space Research – INPE), published by INPE, Secretary of Science and Technology, Presidency of Republic, Ed. Contexto.
Oliveira, F. 1996. Brazil Reaches the Space – SCD-1 Data Collection Satellite, National Institute for Space Research (INPE), Proposta Editorial.
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Filho, J.M. (2010). Regulation of Space Activities in Brazil. In: Jakhu, R. (eds) National Regulation of Space Activities. Space Regulations Library Series, vol 5. Springer, Dordrecht. https://doi.org/10.1007/978-90-481-9008-9_4
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