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Law Increases Penalties for Bodily Harm and Homicide Caused by Drones

The proposal is under review by the Chamber of Deputies. Photo: Raulyson Assunção/Manaus City Hall
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Chamber of Deputies Considers Bill to Stiffen Criminal Penalties for Irregular Drone Use, Focusing on Safety and Collective Damage Prevention.

The growing popularity of Unmanned Aerial Vehicles (UAVs) brings to the forefront an urgent debate on public safety and the need to update Brazil’s Penal Code. Aiming to mitigate risks to third parties, the legislative proposal seeks to establish stricter penalties for incidents involving these devices, ensuring that technological advancement goes hand-in-hand with the protection of life.

The bill under consideration proposes that cases of bodily harm involving these aircraft receive more severe sanctions, with the possibility of increased penalties. It also seeks to criminalize the operation of these devices in crowded areas without adherence to current air safety regulations. In more critical situations, where the improper use of the equipment results in death, the crime will be equated to homicide, with significant aggravating factors in sentencing.

Regulation and Collective Safety

The proposal’s author, Representative Kim Kataguiri, emphasizes that the current legal framework does not reflect the dimension of risks associated with drone technology. Even with civilian applications, drones possess a considerable potential for collective harm. According to the legislator, it is essential to adjust the state’s response so that punishment is proportional to the real danger posed by the irresponsible use of these devices.

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“Drones, despite their civilian use, possess a potential for collective harm incompatible with the leniency of the current criminal response. We propose to calibrate the punishment to match the real risk involved, protecting people’s lives and physical integrity, without making the responsible and regulated use of technology unfeasible.”

Combating Illicit Drone Use

The bill also imposes strict measures against the adaptation of these vehicles for warfare purposes. Devices modified to fire projectiles, launch explosives, or release chemical and biological substances will be equated to restricted-use firearms, carrying severe prison sentences for those who manufacture, sell, or possess such equipment. The legislation further foresees doubled penalties in scenarios involving terrorism or the actions of criminal organizations.

The proposal will now proceed to committee review within the Committee on Public Safety and Combating Organized Crime and the Committee on Constitution and Justice and Citizenship. For the new guidelines to take effect, the bill needs approval from both legislative houses, establishing an important milestone in the regulation of unmanned aircraft in Brazil and strengthening urban and collective safety.

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