Post by xyz3800 on Feb 28, 2024 10:06:36 GMT
The National Civil Aviation Agency (Anac) has the authority, in most cases, to apply sanctions (fines, in most cases) to airlines or aeronautical operators that commit infractions set out in aeronautical regulations. By constitutional determination, this procedure must comply with the provisions of the Constitution itself, such as due legal process, motivation, reasonableness and proportionality, and other infra-legal standards. However, it can be questioned whether this constitutional command is observed, a case that goes beyond the technical purpose of this article. The aim here is to assess the amount of damage that this sanctioning process causes to Brazilian civil aviation, by demonstrating legal subterfuges that can delay or reduce such losses. Armed with this information, aeronautical managers, legal departments of airlines or their administrators will have more elements to make decisions when aeronautical infractions occur.
Anac's competence and the administrative sanctioning process In effect, Law , of September, created Anac and in article 8, , gave it the competence to investigate and apply sanctions resulting from some aeronautical infractions. At a lower level, Resolution 25, of April 25, 2008, regulates the administrative sanctioning process within the scope of Anac, followed by Normative Instruction 8, of June 6, . This being Exit Mobile Number List the normative context of the process for applying sanctions under Anac. But how does this process work and what are the applicable subterfuges? The process begins with the drawing up of an infraction notice that may result from an immediate finding of irregularity, when, for example, the public agent finds the infraction at the place where it was committed during an inspection; or through an inspection report.
In the second case, the public agent does not immediately notice the infraction, but prepares a duly instructed report in order to form his opinion on the infraction with more information or by listening to another opinion. Once you reach the conclusion that the infraction was committed, you have the legal duty to draw up the respective infraction notice. This infraction notice must meet several established requirements. It must be numbered sequentially and contain the identification of the Anac body responsible for issuing it, with the identification of the author, his registration, position and signature. It must contain the place, date and times of the drafting and an indication of the deadline and place for the defense of the defendant. The need to describe the fact or act that constitutes a violation of aeronautical regulations should be highlighted, especially including date, place, time, flight number and passenger identification, when applicable.
Anac's competence and the administrative sanctioning process In effect, Law , of September, created Anac and in article 8, , gave it the competence to investigate and apply sanctions resulting from some aeronautical infractions. At a lower level, Resolution 25, of April 25, 2008, regulates the administrative sanctioning process within the scope of Anac, followed by Normative Instruction 8, of June 6, . This being Exit Mobile Number List the normative context of the process for applying sanctions under Anac. But how does this process work and what are the applicable subterfuges? The process begins with the drawing up of an infraction notice that may result from an immediate finding of irregularity, when, for example, the public agent finds the infraction at the place where it was committed during an inspection; or through an inspection report.
In the second case, the public agent does not immediately notice the infraction, but prepares a duly instructed report in order to form his opinion on the infraction with more information or by listening to another opinion. Once you reach the conclusion that the infraction was committed, you have the legal duty to draw up the respective infraction notice. This infraction notice must meet several established requirements. It must be numbered sequentially and contain the identification of the Anac body responsible for issuing it, with the identification of the author, his registration, position and signature. It must contain the place, date and times of the drafting and an indication of the deadline and place for the defense of the defendant. The need to describe the fact or act that constitutes a violation of aeronautical regulations should be highlighted, especially including date, place, time, flight number and passenger identification, when applicable.