A regulamentação jurídica internacional para a exploração e o uso pacífico e sustentável do espaço exterior e a responsabilidade do explorador espacial.

Abstract

The present work intends to analyze the current international regulations for the peaceful and sustainable use of outer space in order to identify the international responsibility of the explorer in carrying out the activity of exploring space resources, such as satellite communication activities and the recent advances in human tourism space as a viable economic segment. The current regulations contained in the 1967 Space Treaty and the 1972 Convention on International Liability for Damage Caused by Space Objects deal with the principled aspects of responsibility and the limits of State action. However, when these normative instruments were drawn up, little was known about the consequences of the occupation of Earth's orbits, the accumulation of space debris and the feasibility of transporting humans to space as an economic segment in tourist exploration activity. The States and private operators legitimized for exploitation must pay attention to international cooperation, respect for human life and the maintenance of world peace. In this field of exploration, the role of the private sector in the operation of satellites in Earth orbit for communication works as the main driver of technological development, but on the other hand it favors the exponential increase in the number of objects sent into space, which ends up become a problem when current legislation provides for the right of control and jurisdiction over these launched objects, a factor that serves as an obstacle to the hijacking of these objects and the reduction of congestion in orbits. Given the race to occupy orbits and the demand for the use of strategic spaces around the Earth, which results in the irregular occupation of Earth's orbits, added to the recent advances in technology that have been building solid foundations to contribute to safety in sending the man to space as an activity subject to exploration in the tourist segment, it is necessary to investigate the need to improve international space regulation with regard to the international responsibility of the explorer in the management of space resources and the repercussions of these activities in the field of sustainability.