Lei do abate, soberania nacional e direitos fundamentais: uma análise à luz do direito constitucional

Abstract

The Law No. 9,614/98 was responsible for adding paragraph 2 to article 303 of the Brazilian Aeronautical Code. With the implementation of this provision, an aircraft that enters Brazilian airspace may be shot down, provided it meets the requirements set forth by Decree No. 5,144/04 and disregards the coercive measures imposed by the Brazilian Air Force, evidencing the legislator's pursuit of national defense. Thus, the main objective of this work is to analyze the constitutionality of Law No. 9,614/98 through studies related to the theme, such as state sovereignty, fundamental rights, the theory of Criminal Law of the Enemy, and the conformity of the norm in the international sphere, as per the Convention on International Civil Aviation. Research was then carried out using the deductive method, developed with bibliographic material, mostly doctrines and national and foreign norms. Therefore, this paper proposes an analysis of the Shoot-Down Law, from its origin to the present day, concluding with the constitutionality of its normative diploma