Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 90º CPP – Crimes committed on board aircraft.

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Art. 90. Crimes committed on board a national aircraft, within the  airspace corresponding to Brazilian territory, or on the high seas, or on board a foreign aircraft, within the airspace corresponding to national territory, will be prosecuted and judged by the courts of the district. in whose territory the landing took place after the crime, or by the region where the aircraft departed.

Crimes committed on board aircraft and competence

Application of national criminal law to crimes committed on board aircraft:  The same principles apply as when committed on board ships. See subheading  Application of national criminal law to crimes committed on ships  under the heading Crimes committed on board ships and jurisdiction in comments on Article 89.

Jurisdiction to prosecute crimes committed on boats:  It is where the landing after the crime took place or where the aircraft departed when destined abroad.

Offenses on board ships and aircraft and Federal Justice:  According to the provisions of  article 109, item IX of the CF , it is incumbent upon federal judges to prosecute and judge crimes committed on board ships or aircraft, with the exception of the competence of the Military Justice.

Brazilian airspace:  According to the Brazilian Aeronautical Code,  Law No. 7,565  , of December 19, 1986, in its article 11 , Brazil exercises complete and exclusive sovereignty over the airspace above its territory and territorial sea.

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