Releasing balloons is a crime punishable by up to three years in prison; understand the reasons

A balloon fell on a residence and caused a fire, this Monday (22), in the Aricanduva region, east of São Paulo. In 2024, the São Paulo Fire Department has already responded to 15 fires caused by falling balloons.

The Military Environmental Police seized 35 balloons this year alone, according to the Public Security Secretariat (SSP) of São Paulo.

The practice of releasing balloons is a crime and is provided for in article 261 of the Penal Code. The activity was also described in the Environmental Crimes Law (Law No. 9,605/98).

Environmental and air hazard

Data released by the Aeronautical Accident Investigation and Prevention Center (Cenipa), the body responsible for monitoring and investigating air incidents, indicate that, in the last half decade, more than 4,300 balloons were sighted in the skies of Brazilian cities.

Of this amount, around 95% are in São Paulo and Rio de Janeiro. The state of São Paulo accounts for 37% of the incidents involving balloons, with 186 records in the period.

The activity can also cause fires in forest and urban areas, so it can be classified as an environmental crime.

Anyone caught releasing or selling balloons can be sentenced to up to three years in prison. However, depending on the consequences of the offender’s actions, compensation for material damages may be required, for example.

Unmanned balloons can pose serious risks to aviation. The devices are uncontrollable and can reach heights that interfere with aircraft flight paths, potentially causing collisions or damage to aircraft.

The legislation provided for in art. 261 of the penal code provides for sanctions for anyone who endangers aircraft or air navigation. Check it out.

Art. 261 – Penal Code

Exposing one’s own or another’s vessel or aircraft to danger, or carrying out any act tending to impede or hinder maritime, river or air navigation:
Penalty – imprisonment, from two to five years.

Accident in maritime, river or air transport
§ 1 – If the event results in the shipwreck, submersion or grounding of a vessel or the crash or destruction of an aircraft:
Penalty – imprisonment, from four to twelve years.

Committing a crime for the purpose of profit
§ 2 – The penalty of a fine also applies if the agent commits the crime with the intention of obtaining economic advantage, for himself or for another person.

Culpable modality
§ 3 – In the event of fault, if the accident occurs:
Penalty – detention, from six months to two years.