Drone Laws in Brazil

Regulatory Framework and User Categories

Brazil regulates drones under a framework led by the National Civil Aviation Agency (ANAC) in coordination with the Department of Airspace Control (DECEA) and the National Telecommunications Agency (ANATEL) anac.gov.br. ANAC distinguishes recreational drones (referred to as model aircraft) from non-recreational drones (referred to as remotely piloted aircraft or RPA) based on use. Model aircraft are used purely for leisure or sport, while RPA cover any other use (commercial, corporate, experimental, etc.) anac.gov.br. Despite this distinction in purpose, many fundamental rules apply equally to both categories. All drone operations must maintain at least 30 meters of horizontal distance from uninvolved people, unless those individuals consent or are directly participating in the drone operation anac.gov.br. Additionally, a pilot may only operate one drone at a time, regardless of drone type anac.gov.br.

Recreational users face relatively simple requirements. There is no minimum age to fly a model aircraft for leisure in Brazil anac.gov.br. If flying small toy drones (below 250 grams), no license or registration is required anac.gov.br anac.gov.br. Recreational pilots must still follow DECEA’s airspace rules and ANATEL’s equipment regulations, but no special ANAC permit or certificate is needed for typical hobby flights under the defined limits anac.gov.br. Notably, if a recreational flyer intends to exceed 400 feet (120 m) above ground level, they are no longer in the “simple hobby” category – ANAC requires the pilot to hold a license and rating for any operation above 400 ft anac.gov.br. In practice, this means recreational users should remain under 120 m altitude and within visual line of sight to avoid licensing requirements.

Commercial and other non-recreational users (RPA) are subject to additional oversight, though the rules are similarly tiered by drone weight and operation. All RPA pilots must be at least 18 years old lexology.com. For lightweight RPA (up to 25 kg) operating within visual line of sight (VLOS) and below 400 ft, no pilot license is required (this scenario is treated much like recreational use) lexology.com. However, any higher-risk operation – for example, flying beyond visual line of sight, above 120 m, or with a heavier drone – triggers licensing and certification requirements (discussed below) regardless of whether the use is commercial or not lexology.com. In summary, Brazil’s rules focus more on how a drone is flown (altitude, distance, weight, etc.) than on whether the flight is for fun or business. Recreational pilots have more freedom largely because they tend to operate small drones under low-risk conditions, whereas commercial operators often seek to do more (heavier drones, higher or riskier flights) that invokes stricter rules. Crucially, any drone over 250 g – whether recreational or commercial – must carry liability insurance for third-party damages lexology.com. (ANAC has not set a fixed minimum coverage amount, but an insurance policy is obligatory.) One recent exception to this insurance rule is for agricultural drone operations – since 2023, drones used in crop-spraying or farm activities are exempted from the mandatory liability insurance requirement lexology.com, recognizing the typically rural operating environment and specific risk profile of agricultural drones.

Drone Registration Requirements

All drones above 250 grams must be registered with ANAC, while sub-250 g drones are exempt from any registration or ID marking anac.gov.br. This 250 g threshold applies regardless of recreational or commercial use anac.gov.br. Brazil maintains an online system called the Sistema de Aeronaves não Tripuladas (SISANT) for drone registration (also termed “inscription” for simpler cases) anac.gov.br. Drones up to 25 kg that will only operate VLOS below 400 ft (120 m) can be inscribed in SISANT via a quick online process at no cost anac.gov.br lexology.com. Upon inscription, the owner chooses an identification code for the drone (a combination of letters/numbers); the system prefixes it with “PR” for recreational drones or “PP” for professional use drones anac.gov.br. The result is a registration certificate (which the operator should carry during flights) and a unique ID number that must be affixed to the drone’s airframe in a visible, easily accessible manner (e.g. a sticker on the fuselage) anac.gov.br. For example, a hobby drone might get an ID like PR-123456789, whereas a commercial drone might be PP-xxxxxxxx. This ID must be displayed externally or in a compartment that can be opened without tools anac.gov.br.

Heavier or more complex drones – specifically those above 25 kg or those flying beyond VLOS/above 120 m – require a more formal registration akin to manned aircraft. These drones fall into RPA Class 2 or Class 3 (BVLOS) categories and must be entered into the Brazilian Aeronautical Registry (RAB), obtaining an official aircraft registration (tail number) with nationality prefix “PP-” anac.gov.br anac.gov.br. Registration in these cases involves reserving a registration code and submitting paperwork to ANAC’s registry branch (GTRAB) anac.gov.br. The drone then receives a Certificate of Registration and must have a data plate and the registration code marked on it, as with conventional aircraft anac.gov.br. In short, drones >25 kg or those doing advanced operations are treated as aircraft and go through full ANAC registration, while drones ≤25 kg under basic conditions use the simplified SISANT inscription anac.gov.br.

Foreign operators should note that a Brazilian tax ID is required to register a drone in SISANT gov.br. This means obtaining an individual taxpayer number (CPF) or corporate taxpayer number (CNPJ) from the Brazilian Internal Revenue Service and providing it during registration gov.br. Once registered, the drone’s SISANT inscription is valid indefinitely under current rules (though proposed rules may introduce renewal intervals). Also, aside from ANAC registration, operators must ensure their drone’s radio equipment is approved by ANATEL. All drones that use radio transmitters (virtually all commercial models) should bear an ANATEL homologation seal or certification number indicating the device operates in permitted frequency bands and meets Brazilian RF standards brazilbaseproductions.com. Common consumer drone frequencies (e.g. 2.4 GHz and 5.8 GHz for control and video) fall in ANATEL’s unlicensed spectrum bands, but if a drone is imported or home-built, the operator must verify it conforms to ANATEL rules – operating unapproved transmitters can lead to equipment seizure or fines by ANATEL lexology.com. Fortunately, major manufacturers’ drones sold through official channels are typically ANATEL-certified, whereas self-imported devices may require the user to obtain a homologation certificate.

Remote Pilot Licensing and Drone Certification

Pilot Licensing: Brazil employs a risk-based approach to determine when a remote pilot license is required. No license is needed for flying Class 3 drones (up to 25 kg) in VLOS under 400 ft AGL, which covers most hobbyist and many routine commercial uses lexology.com. By contrast, pilots of larger drones or higher-risk operations must be licensed by ANAC. Specifically, pilots of Class 1 and Class 2 RPA (drones above 25 kg) are required to hold an ANAC-issued remote pilot license and a valid aeronautical medical certificate lexology.com. Likewise, any pilot operating an RPA (even sub-25 kg) above 400 ft or beyond visual line of sight must obtain a remote pilot license and the appropriate medical clearance lexology.com. In practical terms, this means all commercial operators except those flying only small drones in basic conditions need to be licensed. ANAC’s remote pilot licensing process includes both a theoretical knowledge component and demonstrated proficiency, analogous to a pilot license for manned aviation (but tailored to drones). Pilots of the heaviest category (Class 1, >150 kg) may even be subject to requirements similar to private or commercial pilots; ANAC mandates that Class 1 RPA pilots comply with general civil aviation rules (Brazilian RBHA 91) and hold equivalent authorizations as manned aircraft pilots lexology.com. Pilots must carry their license and medical certificate when operating, and they are held accountable for the safe operation of the RPA under Brazilian law lexology.com. Notably, Brazil’s minimum age for any RPA pilot license is 18 years lexology.com (younger enthusiasts may fly only as unlicensed hobbyists under the VLOS/120 m conditions). There is no formal licensing required for crew members other than the pilot, but any crew (e.g. observers for BVLOS operations) must also be 18+ levysalomao.com.br.

Drone Airworthiness Certification: In addition to pilot qualifications, Brazil mandates varying levels of airworthiness certification for drones depending on their weight and operation. Under ANAC’s Special Regulation RBAC-E No. 94, all drones above 250 g are technically required to have some form of airworthiness approval, except those in the lowest-risk category (Class 3, under 25 kg, flying VLOS below 400 ft) lexology.com. In other words, if a drone is larger or being used in advanced scenarios, it must be certified as airworthy by ANAC, much like a manned aircraft needs a certificate of airworthiness. The only drones exempt from airworthiness certification are Class 3 craft operating within visual line of sight under 120 m altitude – those can be flown once simply registered, with no design or airworthiness review by ANAC lexology.com. All other RPA must obtain one of the certificates ANAC issues for unmanned aircraft:

• CAER (Certificado de Aeronavegabilidade Especial para RPA) – a Special RPA Airworthiness Certificate, which is the most common certificate for drones in Class 2 and for Class 3 operating BVLOS or above 400 ft lexology.com. A CAER certifies that the drone meets ANAC’s design and safety requirements for the intended operations.
• CAVE (Certificado de Autorização de Voo Experimental) – an Experimental Flight Authorization, used for experimental drones or trial operations. This is often issued if the drone is not fully type-certified but will be used under strict conditions for testing or R&D anac.gov.br.
• AEV (Autorização Especial de Voo) – a Special Flight Permit, which can authorize specific flights or operations outside the normal certificate regime (e.g. one-time ferry or special purpose flights) anac.gov.br.
• Restricted or Standard Certificate of Airworthiness – applicable to the largest drones (Class 1). Drones over 150 kg (Class 1) must go through the same type certification process as manned aircraft, following the general Brazilian aviation regulation RBAC 21 for design and manufacturing certification anac.gov.br. These heavy UAS would receive a standard or restricted airworthiness certificate and be treated essentially like an aircraft in regular aviation service.

To obtain a CAER for a Class 2 drone or a Class 3 drone flying BVLOS/above 400 ft, the operator must follow a multi-step process defined by ANAC anac.gov.br anac.gov.br. First, the drone’s manufacturer or developer must have an ANAC-approved design for the model. ANAC maintains a list of authorized RPA designs – the drone’s model must appear on that list, meaning its engineering and safety features have been reviewed. The operator needs to secure a statement of conformity from the manufacturer, affirming the specific unit was built to the approved design standard anac.gov.br. The operator then registers the drone with the RAB (obtaining a registration code in category R01) anac.gov.br and submits a CAER application to ANAC, including the registration proof and the conformity statement anac.gov.br. ANAC will schedule an inspection of the drone in person anac.gov.br. At the inspection, the drone must be properly labeled with its registration markings and have an identification data plate installed as required by RBAC-E 94 (section E94.303) anac.gov.br. Inspectors will use a standardized checklist (Form F-100-99) to verify the drone’s build and documentation anac.gov.br. If any discrepancies are found, the operator must correct them (ANAC allows up to 90 days for corrections) anac.gov.br. Once the drone passes inspection, ANAC issues the CAER, and the drone is legally airworthy for the specified operations anac.gov.br.

For Class 1 drones (>150 kg), the bar is even higher. They require a full type certification (or at least a restricted type certificate) per RBAC 21, akin to an aircraft manufacturer proving the airworthiness of a new airplane model anac.gov.br. Only after type certification can individual units be produced and receive standard Certificates of Airworthiness. Class 1 drones must also adhere to strict maintenance requirements, including Annual Maintenance Inspections every 12 months and submission of an Annual Maintenance Inspection Declaration (DIAM) attesting to continued airworthiness anac.gov.br. All repairs or modifications must follow ANAC’s general aviation maintenance rules (RBAC 43) in addition to the drone-specific rules in RBAC-E 94 Subpart G anac.gov.br. In effect, large drones are treated as conventional aircraft in regulatory terms, reflecting the greater potential risk they pose.

It’s worth noting that drones under 25 kg used strictly below 120 m (Class 3 VLOS) avoid the design authorization and airworthiness certification process entirely – they only need the SISANT registration lexology.com gov.br. This vastly simplifies operation of consumer drones and small UAS. However, even these small drones are encouraged to be operated using well-built, reliable equipment (ANAC requires that any drone, regardless of size, have fail-safe mechanisms – for example, a “return-to-home” function must be enabled so that if control or signal is lost, the RPA can autonomously land safely lexology.com). Manufacturers’ maintenance guidelines should be followed to keep small drones airworthy, even if ANAC doesn’t mandate a formal certificate for them lexology.com.

In summary, Brazil’s licensing and certification scheme scales up with the operation’s risk: no pilot license or drone certificate is needed for light drones flying in basic conditions, but as soon as you fly higher, beyond line of sight, or use heavier drones, you step into a regime of required pilot training and technical certification of the drone lexology.com. The table below summarizes the current categories and requirements:

Operational Rules and Restrictions

Once properly licensed and registered, drone operators in Brazil must adhere to a set of operational guidelines to ensure safety and avoid disrupting other airspace users or the public. The key operational rules include:

• Altitude Limit: Drones may not be flown higher than 400 feet (120 meters) above ground level without special authorization. This aligns with international norms and helps keep drones away from manned aircraft flight paths. Staying at or below 120 m is the default rule for both recreational and commercial operations. Flying above 400 ft requires ANAC-licensed personnel and explicit airspace clearance from DECEA, often involving a dedicated flight plan, NOTAM (Notice to Airmen), and creation of segregated airspace for the operation lexology.com. DECEA generally treats flights above 200 ft (~60 m) in controlled areas as needing coordination, and flights above 400 ft as needing a formal NOTAM and segregated airspace, due to potential interference with low-flying helicopters and aircraft lexology.com.
• Visual Line of Sight (VLOS): Operators must keep drones within visual line of sight at all times, meaning the pilot (or an observer in communication with the pilot) can see the drone unaided by devices (binoculars or FPV camera feeds don’t count for VLOS). BVLOS (beyond visual line of sight) operations are not permitted for general users unless expressly authorized by ANAC/DECEA as part of a certified operation lexology.com. In practice, this means most drone flying in Brazil is done with the drone close enough to see and control directly. If a company or agency wishes to fly BVLOS (for example, for long-range infrastructure inspection or delivery), they must go through the special CAER certification process and obtain specific flight authorizations (detailed earlier). Even then, DECEA will likely require enhanced precautions such as a chase plane, radar observation, or other mitigations since the drone cannot “see and avoid” other traffic.
• Restricted Areas and No-Fly Zones: Brazil prohibits drone flights over certain sensitive areas outright. According to DECEA guidelines, “safety zones” such as airports and airfields, penitentiaries (prisons), and critical infrastructure like power plants and transmission facilities are off-limits to drones lexology.com. Flying a drone within the vicinity of an airport is particularly sensitive: for low-altitude drone flights (below 100 ft or ~30 m), a minimum distance of 5.4 km (about 3 NM) from any airfield is required, and for operations between 100 ft and 400 ft altitude, the drone must stay at least 9 km away from airports lexology.com. These distance buffers greatly reduce the risk of conflict with manned aircraft during takeoff and landing. Closer operations near airports are only possible with specific authorization via DECEA’s system (see SARPAS below) and typically require a NOTAM to alert other airspace users lexology.com. Additionally, flying over military bases or other restricted government installations is forbidden without military permission (the Ministry of Defense must clear any aerial survey or mapping flights, for example, especially near national borders or sensitive areas lexology.com).
• Flight Planning and Airspace Authorization: For any operation in controlled or urban airspace, Brazilian authorities require prior airspace authorization through DECEA. DECEA operates an online portal called SARPAS (Solicitação de Acesso de Aeronave Remotamente Pilotada ao Espaço Aéreo) where drone operators submit flight requests lexology.com. Details such as the planned flight area, altitude, time, and drone specs must be provided. SARPAS categorizes drone flights by how they can mix with other air traffic. If a drone can technically operate like other aircraft (highly unlikely with today’s tech), it would be “integrated” into normal air traffic; more commonly, DECEA either “accommodates” the drone flight (allowing it with special conditions like specific corridors or time windows) or segregates the airspace for the drone (meaning closing off that chunk of airspace to other traffic for the duration) lexology.com. Practically all current drone operations fall under accommodation or total segregation lexology.com. An example of accommodation would be limiting a drone survey to certain hours when no other aircraft are around, or requiring observers to watch for approaching aircraft. Total segregation is used for higher-risk flights, essentially establishing a temporary no-fly zone for manned aircraft in the drone’s area. Operators must receive approval from DECEA via SARPAS before flying in controlled airspace, near airports, or in any urban/public area – flying without clearance in such situations is a serious violation. Once approved, the operator must adhere strictly to the authorized flight plan and any distance/height limits imposed.
• Distance from People and Property: As noted, drones must not fly over or near uninvolved people without consent. ANAC’s rule of thumb is maintaining a 30 m horizontal distance from any person not participating in the operation anac.gov.br. This distance applies on the ground – drones should not take off or land within 30 m of bystanders, nor hover over groups of people. Overflights directly above people are generally prohibited unless those individuals have given permission. In practical terms, this means no flying over crowds, busy streets, concerts, or similar gatherings unless special arrangements are made. DECEA guidance adds that drones should keep 30 m away from private property (homes, buildings) as well, unless the property owner has authorized the drone operation lexology.com. This protects privacy and reduces nuisance or hazard to others. The only broad exception to the no-overflight rule is for public safety and security operations: drones operated by military or police authorities may overfly people or restricted areas as necessary in the course of their duties lexology.com. Even then, they are expected to take precautions.
• Operational Hours and Weather: Brazilian regulations do not explicitly ban night flying, but they impose additional caution. Because maintaining VLOS at night is inherently difficult, night flights are discouraged unless absolutely necessary. DECEA’s ICA 100-12 guidance suggests that RPAS operations occur in daylight whenever possible lexology.com. If night operations are conducted, the drone must have proper lighting, and the operation likely falls under “specific” risk category requiring a higher level of authorization. Similarly, drones should not be flown in strong winds, heavy rain, fog, or clouds – not only for safety of the drone but also because VLOS must be maintained. If a drone cannot be seen due to weather (e.g. into clouds), that effectively becomes an illegal BVLOS operation. Operators are expected to adhere to basic weather minimums (good visibility, cloud clearance) similar to visual flight rules.
• One Drone per Pilot: It is explicitly required that each drone have a dedicated pilot – a single pilot cannot control multiple drones at the same time anac.gov.br. Swarm operations (one operator overseeing a fleet of drones) are not permitted under current rules. This “one pilot, one drone” rule ensures the pilot can devote full attention to the aircraft’s operation. If multiple drones are flown (e.g. by a filmmaking team), they need multiple operators.
• Dropping Materials and Hazardous Payloads: Delivering or dropping objects from a drone is tightly regulated. Transporting dangerous or hazardous materials by drone is not generally allowed in Brazil’s civil sector. For instance, you cannot fly explosives, firearms, or similarly high-risk items. One carve-out exists for agriculture and forestry: drones can carry and disperse agricultural chemicals (pesticides, fertilizers) as part of crop-spraying activities lexology.com. These operations still require appropriate certification (spraying drones are often Class 2 due to their size) and oversight by agricultural authorities, but they are an example of permitted “hazardous” payload use. Apart from such scenarios, drone delivery to consumers is largely not authorized in Brazil yet lexology.com. ANAC has started to allow experimental small cargo deliveries in remote or isolated areas – for example, transporting medicines to rural communities – under special approvals lexology.com. However, routine package delivery in urban areas remains disallowed until the regulatory framework evolves. Drones can carry cameras and sensors (for aerial photography, mapping, etc.) freely, as those are considered “electronic cargo used during flight” and pose no risk when secured to the drone lexology.com.

Finally, privacy considerations play into operational conduct. Brazil’s Constitution and Civil Code protect privacy rights, so using a drone to record or observe people without authorization can lead to legal trouble. While not an aviation rule per se, operators should avoid intruding on someone’s private space or capturing identifiable imagery of individuals without consent. Notably, ANAC advises that simply announcing drone usage at an event (e.g. a disclaimer on tickets or at a venue that aerial filming will occur) can count as obtaining consent from those who choose to attend lexology.com levysalomao.com.br. In other cases, if a person explicitly objects to being filmed by a drone, the operator should cease that overflight to avoid potential civil lawsuits for violation of image rights or privacy.

No-Fly Zones and Geographic Restrictions

Airports and Aerodromes: As highlighted, airports are strict no-fly zones for unauthorized drones. Brazilian law prohibits drone operations in the vicinity of aerodromes without prior coordination and approval. The default safe distances are 5.4 km away (if flying very low) and 9 km away (if flying higher, up to 120 m) lexology.com. These distances essentially cover the standard control zones around airports. If a drone needs to operate closer – for example, a construction inspection near an airport – the operator must file a SARPAS request and obtain an explicit DECEA clearance. DECEA may impose conditions like specific timing (perhaps only during periods of low air traffic) or require an observer to coordinate with the airport control tower. Additionally, flying over an airport or runway is flatly illegal without both the airport operator’s consent and a special ANAC/DECEA authorization lexology.com. In practice, such approval is extremely rare except for state operations (like a police drone assisting at an airport emergency).

Urban Areas and Crowded Public Spaces: Brazil has dense urban centers, and flying over busy public areas is generally restricted. Any drone flight in a public space (e.g. over a city park, beach, or downtown area) requires express permission from DECEA lexology.com. This is both a safety measure (preventing injury on the ground) and a security measure. When permission is granted, DECEA will dictate the conditions – for example, only above a certain altitude or within a cordoned area – and ensure local air traffic (e.g. news helicopters) are aware. For events (sports matches, concerts, etc.), organizers must coordinate if they want drone footage. As mentioned, if attendees have been informed that drones will be filming, it’s considered they’ve consented to the overflight lexology.com, but the organizer still needs the regulatory approvals.

Sensitive Locations: Prisons, police facilities, and military installations are explicit no-fly zones for civilian drones lexology.com. There have been security incidents globally with drones dropping contraband into prisons or spying on secure facilities, and Brazil preemptively bans unauthorized drone flights in these areas. Violating this could lead to serious criminal charges. Similarly, critical infrastructure like power generation plants, electrical substations, water treatment facilities, oil refineries, and telecommunications hubs are protected; drones cannot be flown nearby without clearance lexology.com. Some of these fall under existing “no overflight” laws (for example, flying over hydroelectric dams or nuclear plants is heavily controlled by national security regulations).

Nature Reserves and Environmental Areas: Brazil’s drone laws don’t explicitly list parks or environmental reserves as no-fly zones, but other laws (environmental or local regulations) may restrict flights to prevent wildlife disturbance. For instance, flying in certain national parks might require permission from the park authority. It’s advisable for drone users to check local rules if operating in such areas. Separately, Brazil’s airspace around the capital (Brasília) and other strategic locations might have special restrictions (as many countries restrict airspace above government buildings or embassies). When in doubt, consulting DECEA’s published maps or using the SARPAS system to verify if an area is clear is the safest course.

Airspace Classes: Brazil’s airspace is divided into classes similar to ICAO standards. Small drones operating below 120 m typically occupy Class G (uncontrolled) airspace, where they must yield to any other aircraft but usually won’t encounter them if staying low over non-populated areas. However, near airports or in metro areas, even low-level airspace can be Class B, C, D, etc., which brings the requirement to coordinate with Air Traffic Control. DECEA’s SARPAS and drone maps delineate airspace classes and any temporary restricted areas. In recent guidance (ICA 100-40/2023), DECEA emphasizes integrating drones in lower airspace without affecting commercial aviation, but this relies on operators abiding by the horizontal and vertical limits given to them lexology.com.

In summary, Brazilian authorities have effectively drawn “red lines” around airports, sensitive sites, and populated areas. Drone pilots enjoy freedom in remote or private areas (with landowner permission), but as soon as a flight encroaches on those sensitive zones, it must be reviewed and explicitly allowed by DECEA. Violating no-fly zones can lead to immediate enforcement action – law enforcement may seize the drone and charge the operator (several cases of prison contraband drones have led to arrests). Responsible pilots should use the available tools (such as the DECEA DroneMap or SARPAS app) to plan flights only in permitted areas or obtain the necessary clearances.

Enforcement and Penalties for Violations

Brazil has a multi-layered penalty structure for drone law violations, ranging from administrative fines to criminal prosecution depending on severity. Failure to comply with ANAC’s drone regulations (RBAC-E 94) can result in administrative sanctions under the Brazilian Aeronautical Code, which include monetary fines, seizure of the aircraft (drone), and suspension or cancellation of any certificates, licenses, or authorizations held by the operator levysalomao.com.br. ANAC can invoke these penalties after an investigation or enforcement action. For example, flying an unregistered drone or operating commercially without a license could lead to fines and the drone being impounded. The Aeronautical Code gives ANAC leeway to issue fines on a per-infraction basis; while specific fine amounts aren’t enumerated in RBAC-E 94, in practice fines might range from a few hundred to thousands of Brazilian Reais depending on the danger caused.

In serious cases, ANAC or DECEA can immediately suspend drone operations – effectively grounding the operator – as a preliminary measure even before final sanctions are decided levysalomao.com.br. This might happen if, say, a drone operator repeatedly flies in restricted airspace; authorities can issue an order halting all his/her drone activities pending investigation.

Beyond aviation-specific penalties, Brazil’s general laws apply to drone misuse:

• Criminal Code Article 261: It is a felony to “expose an aircraft or vessel to danger” or to disrupt air navigation. A drone pilot who flies in a way that endangers a manned aircraft (for instance, a drone incursion into an airport flight path causing a near-collision) could be prosecuted under this article. Conviction can lead to 2 to 5 years of imprisonment anac.gov.br. This is the kind of charge that would be considered if a drone nearly caused an air accident or was used maliciously to interfere with aircraft.
• Criminal Code Article 132: This article criminalizes putting other people’s life or health in direct danger. A reckless drone flight over a crowd or a busy highway – even if it doesn’t cause an injury – might be seen as endangering people. The penalty for this is up to 3 months to 1 year in jail (or more if the act had the potential for greater harm) anac.gov.br.
• Law of Misdemeanors (Contraventions) Article 33: Flying an aircraft without proper licensing is a misdemeanor. In the drone context, if a person operates a drone that legally requires a pilot license (e.g. a heavy drone or beyond-VLOS operation) without having that license, they commit a misdemeanor. The punishment can be 15 days to 3 months imprisonment, plus a fine anac.gov.br. Similarly, Article 35 of the Misdemeanor Law penalizes performing aerobatics or dangerous maneuvers (“stunts or low passes”) in unauthorized areas with up to 3 months in jail and a fine anac.gov.br. A drone dive-bombing people or buzzing buildings could fall under this prohibition.
• Civil Liability: If a drone causes damage to property or injury to a person, the operator faces civil liability in court. Brazilian civil law would consider the operator (and potentially the drone owner or the company behind an operation) responsible for compensating damages. Also, privacy infringements or unauthorized recording can lead to civil suits for moral damages. For instance, filming someone in their home or other private setting without permission can result in a lawsuit and monetary compensation to the victim levysalomao.com.br.

ANATEL enforcement: Operating a drone with a non-approved radio transmitter (for example, using a custom FPV system that broadcasts on prohibited frequencies) can lead to actions by ANATEL, the telecom agency. ANATEL can levy fines and confiscate equipment for violations of telecommunications regulations anac.gov.br. So far, most reported enforcement by ANATEL in the drone arena has been seizing imported drones that lack homologation or stopping the sale of non-certified devices.

DECEA and Ministry of Defense: If one violates airspace rules (like flying in a forbidden area or without SARPAS clearance), DECEA can report the incident for enforcement. In some cases, particularly near military areas, the Ministry of Defense could pursue legal action as well anac.gov.br. The Brazilian Air Force (which DECEA is part of) has authority to ensure the safety of the airspace; there have been instances where military anti-aircraft defenses track and even neutralize unidentified drones in restricted zones. While shooting down a drone would be a last resort, the legal basis exists if a drone poses a security threat.

In practice, Brazilian authorities have been focused on education and guidance first, but they do enforce the rules when violations are blatant. Notably, repeated or egregious offenses (like flying a drone at an airport approach path) may bring criminal charges as noted above. Less severe cases (like failing to register a drone or an overflight of people without consent) often result in fines or warning notices. Operators should remember that multiple agencies can impose penalties – one act could simultaneously break ANAC’s rules, DECEA’s airspace rules, and ANATEL’s telecom rules, potentially resulting in cumulative sanctions lexology.com. Thus, full compliance is not only crucial for safety but also to avoid a pile-up of legal consequences.

Oversight Authorities and Their Roles

Brazil’s drone oversight is shared among several government bodies, each with a specific domain:

• ANAC (Agência Nacional de Aviação Civil): ANAC is the civil aviation authority responsible for regulating aircraft, including drones. ANAC’s role covers creating drone regulations (such as RBAC-E No. 94), setting standards for registration, pilot licensing, and airworthiness certification anac.gov.br. ANAC runs the registration system (SISANT) and issues remote pilot licenses and drone type certificates/design approvals. It also handles enforcement of civil aviation regulations – investigating incidents and violations and issuing penalties or suspending operations when needed. In essence, ANAC treats drones as a new category of aircraft and ensures that their use doesn’t compromise the safety of the national airspace system. ANAC also engages with international aviation bodies (like ICAO) to align Brazil’s drone rules with global best practices, and with other agencies domestically to coordinate rules.
• DECEA (Departamento de Controle do Espaço Aéreo): DECEA, under the Brazilian Air Force, manages airspace control and air traffic management. DECEA’s jurisdiction includes authorizing drone access to airspace and setting operational procedures for drones from an air traffic perspective anac.gov.br. DECEA has published detailed operational guidance for drones, such as ICA 100-40 (2023) which consolidates rules for unmanned aircraft in Brazilian airspace lexology.com. This includes defining how high and where drones can fly, the separation required from other aircraft, and the process for obtaining flight clearance. All requests to fly in controlled or sensitive airspace go to DECEA via the SARPAS system, where they are evaluated and approved or denied. DECEA is effectively the “air traffic control” authority for drones, even though drones typically do not interact with ATC in real-time (permissions are pre-coordinated). If a drone is flying in violation of airspace rules, DECEA can track it (Brazil’s integrated radars or reports from pilots may pick it up) and coordinate law enforcement or military response. DECEA also issues NOTAMs to alert traditional pilots about authorized drone operations that could affect them. Additionally, DECEA works on integrating drones into future air traffic management (UTM – Unmanned Traffic Management) solutions in Brazil.
• ANATEL (Agência Nacional de Telecomunicações): ANATEL oversees the radio spectrum and communications equipment. Drones rely on radio links (for control and payload data), so ANATEL ensures these links operate in permitted frequency bands and power levels. ANATEL’s role is to homologate (certify) drone transmitters and receivers so they do not interfere with other critical communications. For example, drones commonly use 2.4 GHz and 5.8 GHz, which are license-free ISM bands in Brazil, but the devices must still meet ANATEL standards (e.g. output power limits, frequency stability). Before a drone model can be sold in Brazil, the manufacturer or importer must get ANATEL approval; the drone will have an ANATEL ID number and sticker. ANATEL conducts market surveillance – if unapproved devices are found (including personal imports that exceed allowances), they can confiscate them. They have also issued guidance on which frequency bands are allocated for drone use in Brazil techinbrazil.com. For most users, as long as you buy a drone through official channels, ANATEL’s requirements are transparently handled. But if you build a custom drone with a long-range radio, you would need to ensure that module is ANATEL-certified or you risk penalties. In summary, ANATEL’s mission is to prevent drones from causing harmful radio interference (for instance, a rogue high-powered transmitter on a drone could interfere with telecom networks or even aviation communications).
• Other Authorities: The Ministry of Defense plays a role when drone operations touch on national security. For instance, any aerial mapping or survey over certain areas may need defense authorization lexology.com. The Brazilian Air Force (FAB), through DECEA and other units like CENIPA (the accident investigation authority), is involved in drone incident investigations and in developing counter-drone measures for restricted areas. Local law enforcement (police) also become involved in responding to illegal drone flights – e.g. if someone reports a drone spying on a residence or flying dangerously low in a city, the military police might respond and detain the operator under the relevant laws. Brazil also has some regional or municipal rules (for example, Rio de Janeiro at one point considered local regulations for drone use during Carnival for safety). However, the overarching authority lies with ANAC/DECEA federally. In terms of air accident investigations, if a drone crash causes a serious injury or if a drone-midair collision occurred, CENIPA (Aeronautical Accidents Investigation and Prevention Center) could investigate it just like it would a plane crash, to determine causes and recommend safety improvements.

The interplay of these authorities means drone operators must essentially satisfy all three pillars: ANAC rules for the drone and pilot, DECEA rules for where/when to fly, and ANATEL rules for the equipment’s communications anac.gov.br. By adhering to each agency’s requirements, operators ensure they are fully compliant with Brazilian law.

Recent Developments and Upcoming Changes

Brazil is actively updating its drone regulations to keep pace with technology and international norms. The current framework (RBAC-E 94 from 2017) served as an initial step, but ANAC has recognized the need for a more flexible, risk-based approach as drone operations increase and diversify unmannedairspace.info unmannedairspace.info. In June 2025, ANAC launched a public consultation for a new proposed regulation, RBAC No. 100, which is intended to replace RBAC-E 94 in the near future droneshowla.com. This proposal introduces a three-category system (Open, Specific, Certified) similar to frameworks in the EU, USA, and other leading jurisdictions unmannedairspace.info:

• Open Category: Low-risk drone operations would fall into the Open category, with requirements very much like the current Class 3 VLOS rules. Under the proposal, Open-category drones (above 250 g) must be registered online (via SISANT) and registration would need renewal every 24 months unmannedairspace.info. They would be limited to 120 m altitude and forbidden from flying over non-consenting people unmannedairspace.info. The 30 m distance from people remains, and if an Open-category flight is within 150 m of bystanders, the operator would need to conduct a basic risk assessment and carry liability insurance unmannedairspace.info. The Open category is expected to cover most hobby drones and simple commercial uses (photography, etc.) in uncongested areas. It provides clarity that as long as you stay within these bounds, you can operate without case-by-case authorization.
• Specific Category: Operations that exceed the Open limits (for instance, flying at night over an urban area, or conducting BVLOS missions) would be categorized as Specific. The Specific category requires an Operational Risk Assessment using the SORA (Specific Operations Risk Assessment) methodology unmannedairspace.info unmannedairspace.info. The operator must analyze factors like the flight location, population density, airspace class, drone technical specs, maintenance procedures, and pilot qualifications unmannedairspace.info unmannedairspace.info. Using SORA (an internationally recognized risk assessment framework), the operator proposes mitigation measures, and ANAC would evaluate the risk and determine what requirements apply. ANAC plans to publish predefined scenarios (PDRAs) to streamline approval for common operations (e.g. a standard scenario for drone filming in a sparsely populated area might have pre-set conditions) unmannedairspace.info. In the Specific category, flying over people could be allowed if the risk assessment shows adequate mitigations (for example, using a drone with propeller guards and having emergency response plans in place might allow flights over people under controlled conditions) unmannedairspace.info. Essentially, the Specific category introduces flexibility: rather than blanket prohibitions, it asks “show us it’s safe, and we can allow it with the necessary restrictions.” Specific-category operations will likely require a Special Flight Authorization from ANAC/DECEA for each operation or type of operation, built on the SORA results.
• Certified Category: This category is for the highest-risk operations, akin to traditional manned aviation. ANAC’s proposal says the Certified category will apply if dangerous goods are transported or if the operation’s risk is so high that normal mitigations aren’t enough without full certification unmannedairspace.info. In the Certified category, drones and operators must be fully certified almost like an airline. Drones would need type certification under RBAC 21 and the manufacturer would need a production certificate unmannedairspace.info. The operator organization would have to be certified under rules analogous to those for commercial airlines (RBAC 119, RBAC 91, etc.) unmannedairspace.info. Essentially, this would cover future scenarios like drone air taxis carrying passengers, large cargo drone delivery fleets in urban airspace, or any operation where the stakes approach those of manned flight. It ensures that when drones start doing things like carrying people or high-consequence payloads, they’ll be regulated with the same rigor as manned aircraft. In Certified category, remote pilots would likely need training equivalent to manned aircraft pilots, and the drones themselves would undergo thorough testing and continuous airworthiness oversight.

The new RBAC 100 framework also envisions a revamp of personnel certification. ANAC has indicated all drone pilots may need to undergo an initial online training and certification (even for basic operations) to ensure they have fundamental knowledge of airspace rules and safety unmannedairspace.info. More advanced operations would require additional training focused on risk assessment and scenario-based education, rather than just stick skills unmannedairspace.info. There’s even a provision for manned aircraft pilots to obtain equivalency for drone operations, recognizing their existing aviation knowledge unmannedairspace.info.

As of mid-2025, this RBAC 100 proposal is in the public comment stage, with comments due by July 18, 2025 unmannedairspace.info. Depending on feedback, ANAC will revise and eventually promulgate the new rule, possibly by late 2025 or 2026. Once adopted, RBAC-E 94 would be repealed gov.br. The new rules are expected to make Brazilian regulations more performance-based, focusing on operational risk instead of rigid weight thresholds alone unmannedairspace.info. This aligns Brazil with the global trend (similar to EU’s EASA UAS rules and FAA’s moves towards risk-based waivers), fostering advanced drone uses like delivery, industrial inspection, and even urban air mobility in a controlled way.

Apart from ANAC’s regulatory overhaul, DECEA has also updated its procedures. In 2023, DECEA released ICA 100-40, replacing older circulars (like AIC N 17) and modernizing airspace access rules for drones lexology.com. The SARPAS system was upgraded (SARPAS NG) to be more user-friendly for requesting flight clearance. DECEA introduced the concepts of airspace integration levels (integration, accommodation, segregation as discussed) to clarify how a drone operation will coexist with other traffic lexology.com. They also reinforced policies on night operations and developed standard criteria for when a NOTAM is needed (generally any flight above 120 m or in controlled airspace) lexology.com.

Another recent change was in insurance requirements: As noted earlier, ANAC introduced an exemption for agricultural drones in 2023, so that heavy crop-spraying drones (which can be 25–150 kg Class 2) are not hampered by insurance unavailability lexology.com. This suggests regulators are willing to adjust rules to facilitate beneficial uses (agricultural drones are becoming important in Brazil’s large farming sector).

Finally, Brazil is seeing more authorized pilot projects. ANAC has approved limited trials for drone delivery in remote areas (for example, delivering medical supplies to Amazon communities) lexology.com lexology.com. These trials are tightly controlled and done in cooperation with ANAC/DECEA, but their success could pave the way for broader services. ANAC also reportedly simplified the authorization process for using drones to film public events lexology.com – possibly by creating a predefined risk assessment for aerial filming, which event organizers can follow to get faster approval.

In conclusion, Brazil’s drone laws are comprehensive and evolving. Currently, regulations hinge on drone weight and operational scenarios: light recreational and commercial uses are easy to do (just register and follow basic rules), whereas heavier and riskier operations demand licenses and certifications. No-fly zones and safety rules are clearly defined to protect people on the ground and other airspace users. Enforcement mechanisms are in place to penalize non-compliance, involving multiple agencies. As 2025 unfolds, Brazil is moving toward a more nuanced, risk-based regulatory regime (RBAC 100) that will likely replace weight classes with operational categories “Open/Specific/Certified” unmannedairspace.info, bringing Brazil to the forefront of drone regulation. Operators should stay attuned to these developments – once implemented, even hobbyists might have to take a short online course or renew their drone’s registration periodically under the new rules unmannedairspace.info unmannedairspace.info. Overall, the trajectory is toward integrating drones safely into the national airspace while unlocking their economic and social potential under the watchful eyes of ANAC, DECEA, and ANATEL.

Sources:

• ANAC – Brazilian Civil Aviation Special Regulation No. 94 (RBAC-E 94) and guidance materials anac.gov.br anac.gov.br lexology.com lexology.com.
• DECEA – Drone operational rules (AIC N 17, ICA 100-40) and airspace control requirements lexology.com lexology.com.
• ANATEL – Equipment certification guidelines brazilbaseproductions.com lexology.com.
• Basch & Rameh Advogados, Drone Regulation in Brazil (Lexology Q&A, 2024) lexology.com lexology.com.
• Unmanned Airspace, ANAC risk-based rule proposals (2025) unmannedairspace.info unmannedairspace.info.
• Levy & Salomão Advogados, Bulletin on ANAC Drone Rules (2017) levysalomao.com.br levysalomao.com.br.
• Brazilian Penal Code and Misdemeanor Law (penalties for unlawful drone operations) anac.gov.br anac.gov.br.