Aspectos júridicos sobre o emprego de armas autônomas letais nos conflitos armados modernos : aspectivas de emprego em Águas Jurisdicionais Brasileiras

Abstract

The study begins with a historical overview of the evolution of aerial, ground, and maritime drones, demonstrating how their technological trajectory shaped the current concept of Lethal Autonomous Weapons Systems (LAWS). This approach shows that, from the earliest experiments in the 20th century to some modern vehicles equipped with artificial intelligence, military advancements have consistently raised ethical and legal dilemmas, demanding normative adaptations. Subsequently, the work explores the international legal framework, highlighting the absence of specific treaties on LAW and the relevance of the fundamental principles of the Law of Armed Conflict (LOAC), such as humanity, military necessity, proportionality, distinction, and responsibility. The debates conducted in UN forums and within the Group of Governmental Experts (GGE) on LAWS, as well as divergences among major military powers, reveal the urgency of establishing international regulation. The study also incorporates analyses of recent conflicts that demonstrate the effective use of aerial, ground, and naval drones in combat operations. Such examples confirm that LAWS are already a reality on the battlefield, reinforcing legal concerns regarding meaningful human control and state responsibility. At the national level, the research evaluates the implications of the potential use of LAWS by the Brazilian Navy (BN), both in the defense of maritime sovereignty and in the exercise of its authority as a Naval Power. It concludes that, in view of the rapid technological evolution and the international pressure for regulation, how the BN must prepare normatively and doctrinally to integrate such systems.