Reflections on Brazil's General Law on Space Activities and Its Impacts on the Private Space Sector
- Paper number
IAC-25,E7,IP,12,x98246
- Author
Prof. Michele Cristina Silva Melo, Ideia Space, Brazil
- Coauthor
Mrs. LEILA MORAIS, Brazilian Federal Government - General Attorney Office, Brazil
- Coauthor
Prof.Dr. Andrea Cabello, University of Brasilia, Brazil
- Coauthor
Dr. Luiz Vergueiro, Brazil
- Year
2025
- Abstract
In 2024, Brazil enacted the General Law on Space Activities (Law No. 14,946, of July 31, 2024) with the objective of regulating and ensuring legal certainty for space activities conducted within its territory. By adopting this legislation, Brazil aligns itself with the international trend observed in several other nations that have established regulatory frameworks to govern commercial and private space activities, despite ongoing discussions regarding their alignment with existing international treaties. The primary international legal instrument in this domain, the *Outer Space Treaty* of 1967, was formulated in a period when space activities were exclusively conducted by states, with no participation from private entities. However, the increasing involvement of the private sector since the early 2000s has introduced new legal challenges for the governance of space exploration, prompting various countries to adopt national legislation to address these complexities. In the Brazilian context, several aspects of the law merit attention. These include the absence of explicit provisions for private launch centers, the establishment of *two* space authorities—one civilian and one military—and the stipulation that the Brazilian state will act as a subsidiary entity to supplement compensation payments in the event of an incident. These provisions may generate interpretative ambiguities, potentially resulting in legal uncertainty. Furthermore, in contrast to regulatory approaches adopted by other nations, the Brazilian legislation introduces a clear division between civilian and military space activities, with a discernible tendency toward the militarization of the sector—an aspect that becomes particularly significant in light of the growing involvement of private entities in space-related endeavors.
- Abstract document
- Manuscript document
IAC-25,E7,IP,12,x98246.pdf (🔒 authorized access only).
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