The work presented here is an analytical study of the decree no. 5144, to July 16,
2004, which has normalized of Slaughter Act of Aircraft, Law no. 9614, to March 5, 1998,
which established the legal possibility of shooting down civilian aircraft flying under the
national territory, in violation of international rules on air traffic or refusing to provide their
correct identification. The purpose of this study is to demonstrate the legitimacy,
constitutionality and validity of that decree, before the constitutional principles,
characteristics and purpose within the constitutional system. We tried to see how the right to
protect state interests and the legal justification that allows the application of the slaughter of
aircraft under international law, conflicts with the right to life protected by the Constitution of
1988. Furthermore, we analyzed the possibility of adopting the death penalty in Brazil to
understand the essence of this decree, because the use of "shot of destruction" against aircraft
during flight, in nearly all cases, determines the sentence of death everyone on board.
Consideration was also the duty of government to protect its sovereignty and state power to
exercise sanctions, observing the international conventions relating to the use of weapons for
the killing of aircraft during flight. It demonstrates the intent of the decree regulating the
identification, interception and killing of aircraft suspected of drug trafficking within the
Brazilian airspace and the inability of the pilots of the Air Force Command being accused of
criminal conduct. We analyzed the importance of the excluding unlawfulness, as far as our
legal system, especially the strict performance of legal duty. Finally, we sought to
demonstrate the State seeks to avoid the loss of human lives and the mechanism developed for
the faithful performance of the "shot of destruction" that will fire only when they are
exhausted all other legal procedures and possible attempts to avoid the trap needless deaths of
innocent possible.
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