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Início » COVID-19: POSITIVE MEASURES FOR CIVIL AVIATION PROTECTION

Facing the panorama of globalization and economic integration among the most diverse countries, the importance of the airline sector is evident. Since the first flight of the 14 Bis in Paris, France, conducted by Alberto Santos-Dumont, the process of aviation’s contribution to economic and social growth began, and countries began to jointly seek the sector’s improvement and development. Aware of the importance of the airline industry, the Brazilian government has been taking positive measures to protect aviation from the impacts of the COVID-19 pandemic on the civil aviation market. Among the measures announced by the government, we highlight the following:

I – No closing of airports

The Ministry of Health and the National Health Surveillance Agency (“Anvisa”), the agencies directly responsible for controlling the transmission of the virus, to date have not suggested the shutdown and/or closure of airports, but rather alternative measures aimed at reducing the rate of transmission of the SARS-COV-2 virus (the cause of the COVID-19 pandemic). In effect, security protocols have been intensified, new criteria for aircraft cleaning have been established, and several preventive measures have become part of everyday life at airports in order to avoid the need for more severe and damaging measures for the sector.

II – Alignment between the Federal Government and aviation companies

On March 23, 2020, the Ministry of Infrastructure, the National Civil Aviation Agency (“ANAC”), and the Administrative Council for Economic Defense (“Cade”), met with some of Brazil’s largest aviation companies with the common goal of preserving essential air services to Brazil during the crisis caused by the COVID-19 pandemic. In that opportunity, among other measures, it was decided that the Federal Government and the air transport companies should work together to guarantee that all states would maintain at least one air link, in order to avoid compromising the airway network in Brazil and isolating regions of the country. This measure went into effect on March 28, 2020, and is expected to be maintained until the end of April, with distribution in weekly frequencies.

III – Cargo transport authorization for operators under RBAC n. 135

In order to help combat the effects of the pandemic, on March 27, 2020, ANAC published Ordinance No. 880/2020, which allowed operators certified under RBAC No. 135 to carry out laboratory tests, which are considered hazardous items by the UN (UN 3373 – Biological substance, Category B – Infectious substance), and which require a specific authorization certification process. The objective of the measure is to make it possible to transport the material at a lower cost and by more operators, generating a greater capillarity in the air transport system, thus making it possible to serve the Brazilian regions.

IV – Aviation schools will be able to offer distance theory classes

On March 25, ANAC published Ordinance n. 864/2020 making it possible, on an exceptional basis, until July 31, 2020, for theoretical courses that were in progress and that were originally to be given in a classroom setting, to be held in a virtual setting, at a distance, limited to the criteria established in the legislation in force. The measure in question avoids the paralysis of courses and its losses.

It is also important to emphasize that, despite the scenario requiring the common management of the impacts caused in the national airline industry, it is clear that for the economic recovery on a global scale it will need to rely on the segment’s participation to overcome the negative effects caused by the pandemic. The moment we are currently facing calls for creative solutions, perhaps unorthodox, and a lot of unity so that, once the turbulence is over, the airline industry will continue to grow exponentially, as it has been doing.

The Aeronautical Law team at DDSA – De Luca, Derenusson e Schuttoff Advogados is available to help its clients and answer any questions about the changes in the period.

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