Examining Brazilian Space Law: A Critical Analysis of Brazil’s Space Activities Act
摘要
Fueled by intense research, technological advancements, and the idea that space activities can become commercially profitable, space is now perceived under a new sectorial dynamic named NewSpace. The NewSpace dynamic adds complexity to an already congested, contested, and competitive environment, and evidences the rising importance of regulating space activities. Recognizing this, Brazil developed its Space Activities Act. Against this background, firstly, the chapter succinctly explores the development of the Brazilian space sector, along with its singularities. Secondly, it clarifies the legislative procedure throughout the Act’s elaboration. Thirdly, it critically analyses the Act’s content and suitability with the broader international regime. By doing so, the chapter concludes that the Space Activities Act might have the potential to address demands brought by the NewSpace dynamic. However, certain precepts require further development, including a clearer distinction between licenses and authorizations, the development of an international permit, the expansion of the jurisdictional area of the Brazilian Space Agency (AEB) beyond national borders for the recovery of space objects, an assessment of how to provide the AEB with the necessary tools for its newly expanded role, and a reassessment of the excessive authority granted to the military.