First-step analysis: drone operations and maintenance in Brazil

Operations and maintenance

Does the ‘one drone, one pilot’ rule apply in your jurisdiction?

Yes.

Do specific rules regulate the maintenance of drones?

Yes. RBAC-E 94 determines that maintenance rules for remotely piloted aircraft (RPA) are defined by their manufacturer.

What rules and restrictions apply to flights performed in ‘visual line of sight’ (VLOS) and ‘beyond visual line of sight’ (BVLOS)? Is there a distinction in this regard?

In accordance with RBAC-E 94, there are multiple rules that apply to each class of RPA depending on whether it is operating VLOS or BVLOS. RPAs flying BVLOS must have a certificate of airworthiness (CAER). The Air Space Control Department (DECEA) has also issued specific rules for the operation of unmanned operated aircraft through ICA 100-40/2023. Flights must be requested in advance through the DECEA system, SARPAS (Access Request for Remoted Piloted Aircraft). DECEA is responsible for authorising access to Brazilian airspace. Flight access is divided into three categories by DECEA: (1) ‘integration’, when the flight is technically integrated with any other flights sharing the air space; (2) ‘accommodation’, when the aircraft does not fulfil all technical requirements to access the integrated air space (in each case, DECEA develops special rules for the air space use (eg, increasing the minimum distance rules)); and (3) ‘total segregation’, when DECEA determines a total segregated air space. With the current technology, RPA are included in categories (2) and (3). 

What rules and restrictions apply to critical and non-critical operations? Is there a distinction in this regard?

There are different restrictions depending on the class of RPA. The Brazilian National Civil Aviation Agency (ANAC) requires that unmanned aircraft have the ‘return to home’ system, which allows RPA to land safely in the case of loss of VLOS. Critical operations such as night flights must observe both ICA 100-40 and ICA 100-12 from DECEA. 

Is air transport via drone (eg, cargo and mail) regulated in your jurisdiction? If so, what requirements, limitations and restrictions apply?

ANAC has been authorising special flights with RPA for small cargo in some isolated areas. However, this type of operation is generally not authorised in urban areas. ANAC has simplified the authorisation procedures for the chain operation of RPA for images of public events.

Do any specific provisions governing consumer protection and tracking systems apply with respect to cargo and delivery operations via drone?

Such transport is not allowed in Brazil in urban areas. In isolated areas, specific flights have been authorised to access remote populations for the delivery of medicine and emergency goods.

What insurance requirements apply to the operation of drones?

Third-party liability insurance is mandatory for RPA with a maximum take-off weight over 250g. An exception for RPA used in agriculture was introduced with the 2023 amendments to the RBAC-E 94.

ANAC has not established any specific limit for liability. Public RPA do not require mandatory insurance.

What safety requirements apply to the operation of drones?

In accordance with DECEA’s guidance, flights are prohibited in ‘safety zones’ such as airports, penitentiaries and areas of critical infrastructure like thermal plants and energy stations. Any flight in other public areas requires express authorisation from DECEA. Once authorised, flights must follow distance measures defined by DECEA, depending on the type and location of flight. DECEA may define segregated airspace for specific flights. Flight authorisations must be requested in the DECEA’s SARPAS system.

Among other rules, RPA cannot fly over third parties unless authorised by them. Express information in invitations or sold tickets that the event will include the use of RPA for filming and photography is considered authorisation from third parties who attend the event.