A importância da conscientização da repercussão penal na prevenção de ocorrências aeronáuticas

• Autor(a) principal: Ayres, Mateus Panaro
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/11860
• topic: Direito penal aeronáutico; Segurança de voo; Responsabilidade penal; Aeronautical criminal law; Flight safety; Criminal accountability

In the recent years has been observed a growing number of cases of criminal liability in civil aviation individuals, mainly aviation managers and captains. Formerly, aviation was seen as something complex, in which its understanding and functioning was still little known. However, more and more members of the judiciary and police are aware of the functioning of civil aviation and the accountability attributable to those who are at the forefront of its operation. The pilot-in-command and the aviation managers are highly susceptible to accountability in the most diverse spheres of justice as they are responsible for conducting the operation on acceptable safety standards and are responsible for the decisions thus made. This paper presents basic aspects of flight safety and aeronautical criminal law, presenting the appropriate criminal penalties for aviation. It is observed that it is of paramount importance the understanding of the functioning mechanisms of the aeronautical criminal law and its limitation as to the accountability. The knowledge of this area is very important for better decision making, since there are many cases in which the agent can judge not to impact the safety of flight, but that yes can give rise to criminal responsibility in case of an aggravating circumstance. In this case, it is observed that the aeronautical law serves as the basis for the flight safety system and that the expansion of its knowledge helps to prevent aeronautical occurrences. After a more in-depth analysis it is possible to note that although the SIPAER (brazilian´s system of investigation and prevention of aeronautical occurences) and judicial investigations have distinct methodologies and focus, both seek the preservation of human life and the prevention of future occurrences.