CHALLENGES AND LEGAL PERSPECTIVES ON THE CONSTITUTIONALITY OF POLICING WITH DRONES

Abstract

This article examines the legal challenges and perspectives related to the constitutionality of drone-based policing in Brazil. The increasing use of drones has introduced significant benefits to public security, such as enhanced operational efficiency, real-time monitoring, and reduced risks for law-enforcement personnel. However, these advantages must be balanced with the protection of fundamental rights, particularly privacy, intimacy, and the inviolability of the home. The study explores the Brazilian constitutional framework, analyzes applicable legislation — including ANAC Resolution No. 461/2017, ICA 100-40, and the General Data Protection Law (LGPD) — and evaluates relevant judicial precedents addressing the legal limits of aerial surveillance. Findings indicate that, although drones can improve policing activities, their use requires specific, clear, and proportionate regulation to prevent abuses and ensure accountability. The study concludes that the constitutionality of drone policing depends on harmonizing technological innovation with robust legal safeguards, ensuring that public security efforts do not override fundamental rights.