Direito espacial e a aplicação da lei penal: a regulamentação do direito no espaço sideral

Abstract

The purpose of this article is, through the deductive method, to address issues related to the regulation of criminal law in outer space, as well as to demonstrate the peculiarities of space law against the application of criminal law. Based on the concepts of space law, its origin, subjects, regulation and legislation, it seeks to answer the problem of how to judge a crime committed outside the planet Earth. Analyzing the specific case of astronaut Anne McClain, from the National Aeronautics and Space Administration (NASA), accused of committing the first crime ever committed in space and, assuming that the advent of space tourism is increasingly crossing borders, such as In a recent trip manned by civilians on the SpaceX spacecraft, a company owned by billionaire Elon Musk, it is clear the need to establish a legal system that covers the criminal sphere in the facts that occurred in the physical areas of the Universe that are gradually being explored by man. The Outer Space Treaty provides that the space criminal is initially subject to the laws of the country of which he is a citizen, or the country that owns the spacecraft where the crime was committed. But there are gaps to be filled. The McClain case will not be the last.