Análise da lei do tiro de destruição: constitucionalidade e seu papel na defesa da soberania e na segurança nacional

Abstract

The present study aims to analyze the discussions about the Law of Destruction Shot, making considerations regarding the subjects that surround this matter. It lists the factors that led the Brazilian authorities to resort to this procedure, including the similares systems used by some Amazonian countries, such as Colombia and Peru. It demonstrates how the law is necessary for the State to be able to comply with the directives established in the National Defense Strategy - NDT and in the National Defense Policy - PND, increasing the effectivity of the systems involved in National Defense. The text brings a look at the whole apparatus used by the state in air defense, including the organs, chain of command, procedures and equipment used for this purpose. In addition, besides the legal part, it exposes the technical procedures used in the execution of the Destruction Shot, making it clear that the air defense execution is of a surgical precision, with the intention of precluding the flight of the clandestine aircraft, forcing it to land , without completely destroying, making this action a very important deterrent against cross-border crimes, specifically trafficking in narcotics and related drugs. Finally, he made clear the harmony of the systems used for the execution of the Destruction Shot, demonstrating the constitutionality and the framework of this important law in the Brazilian legal system.