Especialização em Gestão de Direito Aeronáutico
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Navegando Especialização em Gestão de Direito Aeronáutico por Assunto "Agências"
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Monografia Acesso aberto O embarque armado, a segurança de voo e o limite do poder regulador da ANAC – Agência Nacional de Aviação Civil(2019) Medeiros, Diógenes Duarte Barros deThe present work has as main objective to approach aspects related to the performance of ANAC - National Agency of Civil Aviation, within the scope of its regulatory competence, regarding the scope and consequences of the edition of Resolution 461, of January 25, 2018 that restricted the shipment of Passengers armed with firearms, authorized by law, by function prerogative, in order to improve the safety level of Brazilian commercial aviation. The decision was first suspended by the Federal Court, on the grounds of innovation of the legal order and disrespect for the hierarchy of norms, within the recognized and accepted model represented by the "Kelsen Pyramid". The preliminary decision, although transitory, emphasizes the limit of the regulatory power of Government agencies from the point of view of renowned authors, dissociating their conceptual aspects from the constitutional scope attributed to the original Legislative Power. Regarding flight safety, differentiating the concepts of safety (investigation of events of aeronautical interest) and security (state security, institutional), we will show some changes caused by the attacks of September 11 in the world aviation, correlating them with the current one. philosophy employed by ANAC, subject to substantial changes to suit a new reality, also concerned with safety.