By: Bruno Ferraz Nobre and Jeferson Howard Paiva de Azevedo
From now on, despite the recent air accidents that have occurred, it is worth ing that aviation is one of the safest means of transport and that such excellence is due to respect for internationally governed standards and procedures.
After the First World War, with the advent of the first commercial flights, concerns about civil aviation safety intensified. At that time, safety was seen as mitigating losses and damages, i.e., avoiding accidents. With the advancement of technology and aeronautical engineering, risk tolerance decreased. As aircraft became increasingly complex, there was an increase in the number of flights and, consequently, greater concern about safety issues.
Thus, the standardization of safety procedures in air operations became an imperative necessity for civil aviation. The Chicago International Convention of 1944 brought a series of advances in this line. The standardization of procedures by countries generated more reliability for air activity. International Treaties, Conventions and Acts formed the basis of International Aviation Law and consequently guided the guidelines applied to the Safety of Civil Aviation Worldwide.
Similarly, after the fateful September 11, 2001, civil aviation authorities worldwide had to review their security and enger boarding protocols. New rules and procedures were created, such as: the mandatory use of bulletproof doors and cockpits on commercial aircraft, stricter inspections of engers and baggage, restrictions on hand luggage, restrictions on liquids, among others.
Therefore, the entire civil aviation system is intrinsically focused on the safe flight of aircraft, as well as ensuring that air and airport operations meet strict safety standards. The implementation of these guidelines is vital to prevent acts of unlawful interference such as: aircraft hijacking, the destruction of an aircraft in service, hostage-taking on board an aircraft or at an airport, among other actions that may pose a risk to civil aviation.
From this perspective, there is a division of responsibilities between operational safety (Safety) and airport security (Security). Although both expressions refer to safety, they have objective differences. In view of this, the expression Safety refers to operational safety, indicating the prevention of events, accidents or incidents that may cause damage to aircraft, crew, engers, the environment and third parties, and is linked to ICAO Annex 19, while the expression Security is related to the protection of the patrimonial area, as well as invasions, acts of unlawful interference, attacks and terrorism, as provided for in ICAO Annex 17.
In this context, we cannot fail to mention the term AVSEC, originally from the English language and which designates aviation security or Civil Aviation Security against acts of unlawful interference. Thus, with the growing emergence of civil aviation, it has become essential to improve governance structures against acts of unlawful interference.
Since 2008, the National Civil Aviation Agency (ANAC) has been issuing the Annual Operational Safety Report (RASO) with the purpose of promoting a positive safety culture and demonstrating the monitoring of the sector's main safety indicators, encouraging improvement and engagement in favor of the operational safety of Brazilian civil aviation.
Finally, the perspective of participation by various stakeholders in favor of civil aviation safety is presented. New aircraft, technologies and legislation require continuous study and investment in safety and professionalization. Special attention must also be paid to the human factor, which is one of the primary factors in the context of aviation safety. Thus, ensuring the level of training of crews and ground personnel is essential for the effectiveness of operations and reliability of the civil aviation system.
Bruno FerrazNobre
Lawyer. PhD and Master's student in Aerospace Sciences. Coordinator and Professor of the Aeronautical Law Course at the Bahian School of Law. Member of the Aeronautical, Aerospace and Airport Law Committee of the Federal Council of the Brazilian Bar Association. Member of the Aeronautical and Aerospace Law Committee of the OAB/BA. SIPAER/CENIPA Accredited Member. Member of the Brazilian Society of Aeronautical and Aerospace Law (SBDA). Member of the International Academy of Space Studies (IASS). Author of books. Columnist for AEROFLAP Magazine and Let's Go Magazine. Airplane Pilot. s: e-mail: [email protected] / https://www.linkedin.com/in/brunoferraznobre / https://www.instagram.com/eu.brunonobre?igsh=cGhxbGF4ZnkzMGQ=
Jefferson Howard Paiva de Azevedo
Lawyer. Veteran officer of the Brazilian Air Force. Master in Law, Governance and Public Policy (UNIFACS). Specialist in Safety and Continued Airworthiness (ITA) and President of the Aeronautical and Aerospace Law Commission of the OAB/BA. s: [email protected]
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