Metaconstitucionalismo e o Direito Internacional dos Conflitos Armados (DICA): base da legitimidade no emprego do poder aéreo

Metaconstitutionalism and the International Humanitarian Law (IHL): base of legitimacy in the use of Air Power

Resumo

Although the use of aircraft in armed conflicts has already been a century-old reality, there is no specific protocol in the International Law of Armed Conflicts (LAC) for its use. All events related to the Employment of Air Power were analyzed in the light of existing Treaties and Conventions designed for naval and land clashes, or to regulate some specific type of weaponry. This article sought to address how LAC has been metaconstitutional legislation since its inception and the complexity of its application in the use of Air Power. For this, two theoretical aspects were presented that aim to attack the psychological aspect, and the other the material aspect, and in the end, we verified that the existence of Rules of Engagement is a metaconstitutional requirement while the use of good practices established by international non-state actors recommended, but not mandatory.