Drones em conflitos armados: considerações sob a égide do Metaconstitucionalismo

Drones in armed conflicts: current considerations under the aegis of Metaconstitutionalism

Resumo

This article aims to analyze the use of Unmanned Aircraft (UA - Unmanned Aircraft) and the need for its regulation in situations of armed conflict, highlighting the Aerospace Power and considering the precepts of Metaconstitutionalism. From the preliminary analyses, advantages are pointed out regarding the use of this aerial vector, such as the optimization of operating costs, the preservation of the human factor and the promotion of the development of new technologies. As a risk point, there is a need for discussions, in the sense of outlining guidelines for international regulatory acts, due to possible legal gaps and different interpretations existing regarding the use of UA in armed conflicts. Thus, after verifying the national constitutional bases and norms advocated by International Human Rights Law and International Humanitarian Law, a regulation is suggested a regulation that observes what is advocated in Metaconstitutionalism.  At the national level, the article points to the lack of guidelines for the use of these aircraft in real conflicts.