Detritos espaciais em órbita terrestre baixa: mecanismos regulatórios e sustentabilidade das atividades satelitais

Abstract

The space race had its origins in the 1950s, during the Cold War, with the launch of the Sputnik 1 satellite, driving the development of Space Law. This autonomous branch of law, as well as the international instruments that comprise it, were fundamentally due to the relations between States and the tensions of the time. The launch of satellites grew in an uncontrolled manner and with no major concerns about orbital overcrowding, especially in Low Earth Orbit. However, satellite activities were able to provide essential services for the daily life on the Earth, as well as influence the achievement of sustainable development goals. As a result, it is possible to perceive a paradox in which the increase in satellite activities promotes sustainability on Earth, but endangers its own continuity. Kessler's syndrome, which deals with the cascade effect of space debris collisions, developed in 1978, was instrumental in alerting the scientific community about the risks of continuing to explore space activities without technical criteria. The creation of regulatory mechanisms, based on governance, in the form of guidelines, codes of conduct, private standards, compliance and national laws began to develop in 1995 and have been the main normative source on the subject. The increase in private actors with an interest in the commercial exploration of space has transformed the dynamics of decision making and the perception of the importance of soft law to face the problem involving space debris in low Earth orbit, which is a super perverse problem, and jeopardizes the continuity of space activities. Thus, the central question of this thesis is: how can global governance assist Space Law in the democratic development of regulatory mechanisms and adequate solutions to the problem of space debris in low Earth orbit? The objective of this thesis is to analyze how global governance can assist Space Law to develop and improve regulatory mechanisms based on technical and scientific knowledge, including the use of new technologies and to ensure the sustainability of space activities, especially in low Earth orbit. The methodology used is the deductive approach and the research technique, bibliographic and documentary.