Aviation safety and the authorization to shoot down airplanes

legal and fundamental issues

Authors

  • Leonardo Simchen Trevisan Federal University of Rio Grande do Sul image/svg+xml

DOI:

https://doi.org/10.21708/issn2526-9488.v2.n4.p82-102.2018

Abstract

In view of the concerns about the use of airplanes in criminal activities, different countries have legally authorized the use of military force against suspicious aircraft. This authorization, however, leads to a conflict among principles, namely, the fundamental rights to life and human dignity of the passengers on board. This paper seeks to analyze the decision of the Federal Constitutional Court of Germany regarding the authorization to shoot down airplanes (BVerfGE 115, 118), exposing its reasoning and explaining it by the theory of balancing. The German experience serves as a point of reference to the analysis of Brazilian legislation on that subject, with the necessary inquiries about its constitutionality.

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Published

2019-01-03

Issue

Section

FLUXO CONTÍNUO

How to Cite

Aviation safety and the authorization to shoot down airplanes: legal and fundamental issues. UFERSA’s Law Review, [S. l.], v. 2, n. 4, p. 82–102, 2019. DOI: 10.21708/issn2526-9488.v2.n4.p82-102.2018. Disponível em: https://revistacaatinga.com.br/index.php/rejur/article/view/8312. Acesso em: 26 aug. 2025.