Certification and licensing

Basic requirements and procedures

What certificates or licences are required to operate drones and what procedures apply?

Remotely piloted aircraft (RPA) must be registered with the Brazilian National Civil Aviation Agency (ANAC). Each RPA must have a certificate of airworthiness, unless it is operating with a maximum take-off weight of 250g and below 25kg and is flying under beyond visual line of sight (BVLOS) and under 400ft (Class 3). Registration must be obtained through the new ANAC System for Unmanned Aircraft (SISANT).

Types of airworthiness certificates for RPA include:

  • Experimental Flight Authorisation Certificate (CAVE);
  • Special Flight Authorisation (AEV);
  • Special Airworthiness Certificate for RPA (CAER);
  • Certificate of Airworthiness in restricted categories; and
  • Standard Certificate of Airworthiness.

RPA in Class 1 (with maximum take-off weight above 150kg) must follow the same procedures as those for general aircraft and ANAC Resolution No. 293/2013 and must be registered with the Brazilian Aeronautical Registry.

Generally, civil RPA are authorised in Brazil only if the remotely piloted aircraft system (RPAS) project is authorised by ANAC, considering the class of RPAS and type of operation (visual line of sight (VLOS) or BVLOS). Exceptions apply to RPAS in Class 3 exclusively operating VLOS below 400ft if the RPA has a Type Certificate or a CAVE or AEV.

Taxes and fees

Are certification and licensing procedures subject to any taxes or fees?

The ANAC registration procedure with SISANT is free of charge. Import and local taxes may apply.

Eligibility

Who may apply for certifications and licences? Do any restrictions apply?

Manufacturers and designers must apply for certification and licences. The user, who must be an individual with a Brazilian tax identification number, is responsible for uploading the RPA’s details in the new SISANT. The user must identify the manufacturer, the operator, the owner and the pilot. Operators can be individuals or legal entities with a Brazilian tax identification number. The operators are civilly liable for the operation of the RPA. If the user does not indicate a specific operator, the user will automatically be considered the operator. The owner does not need to be the operator. The remote pilot is the person in control of the remote flight and can be different from the operator. Projects for RPA require specific approval from ANAC. There is no specific financial requirement.

Remote pilot licences

Must remote pilots obtain any certifications or licences to operate drones? If so, do the relevant procedures differ based on the type of drone or operation?

The pilot is liable for the operation of the RPA and must be aged over 18 years. All pilots operating in Classes 1 and 2 must have medical certificates as detailed in RBAC-E 94 and must be registered with ANAC. Pilots operating in Class 3 above 400ft must also be licensed by ANAC and have medical certificates as required for each type of flight. Pilots operating in Class 1 are subject to the necessary authorisations for general pilots issued by ANAC in accordance with RBHA 91, which lists the general rules for the operation of civil aircraft. Pilots operating in VLOS and below 400ft do not require specific licences.

Foreign operators

Are foreign operators authorised to fly drones in your jurisdiction? If so, what requirements and restrictions apply?

Foreign operators are subject to the same rules as national operators and must obtain all the local licences to operate RPA. Users and operators are required to have a Brazilian tax identification number. A foreign person must obtain such Brazilian tax registration to operate in Brazil. 

Certificate of airworthiness

Is a certificate of airworthiness required to operate drones? If so, what procedures apply?

Except for model aircraft or RPA under Class 3 flying VLOS below 400ft above ground level, RPA must have a certificate of airworthiness. Other types of RPA in Classes 2 and 3 must have a special airworthiness certificate as described in RBAC-E 94 (a CAER or a CAVE, the latter applying only for experimental flights). RPA in Class 1 must have a certificate of airworthiness subject to the rules applicable to general aircraft (RBAC 21).