6-K

                                    FORM 6-K

                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                        Report of Foreign Private Issuer
                        Pursuant to Rule 13a-16 or 15d-16
                    under the Securities Exchange Act of 1934


                         For the month of January, 2006

                         Commission File Number: 1-15102


                      Embraer - Brazilian Aviation Company
                 (Translation of registrant's name into English)


                EMBRAER - EMPRESA BRASILEIRA DE AERONAUTICA S.A.
                         Av. Brigadeiro Faria Lima, 2170
                12227-901 Sao Jose dos Campos, Sao Paulo, Brazil
                    (Address of principal executive offices)



Indicate by check mark whether the registrant files or will file annual reports
under cover of Form 20-F or Form 40-F: Form 20-F  X   Form 40-F
                                                ----           ----

Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(1): _____

Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(7): _____

Indicate by check mark whether by furnishing the information contained in this
Form, the registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934:
Yes      No  X
   ---      ---

If "Yes" is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b): 82-_____




                                   SIGNATURES

         Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.

                                          EMBRAER - EMPRESA BRASILEIRA DE
                                          AERONAUTICA S.A.



Dated: January 13, 2006                   By:  /s/ ANTONIO LUIZ PIZARRO MANSO
                                              --------------------------------
                                              Name:  Antonio Luiz Pizarro Manso
                                              Title: Executive Vice-President
                                                     Corporate and Chief
                                                     Financial Officer





                                  EXHIBIT INDEX
                                  -------------

1.    One copy of the Company's Market Notice dated January 13, 2006.

EX-99.1

                        [EMBRAER LOGO] [GRAPHIC OMITTED]


                EMBRAER - EMPRESA BRASILEIRA DE AERONAUTICA S.A.



                                  MARKET NOTICE




In response to today's article on the Brazilian newspaper Valor Economico,
Embraer states the following:

1. As a global player in the aerospace industry, we are continuously seeking
opportunities in the capital markets to develop new programs and expand our
business, with a view to strengthen our international competitive position. More
recently, Embraer has been studying the possibility of adopting a new capital
structure.

2. The viability of this project is still being analyzed and therefore, Embraer
cannot confirm whether a proposal regarding the adoption of a new capital
structure will be made to its shareholders. As a result, making an announcement
regarding details of this project would be premature and could result in
incomplete and inaccurate information.

3. We believe openness and transparency are essential in maintaining good
relations with the investment community, from the largest institution to the
retail investor, and our broader stakeholder group. Should Embraer decide to
propose a new capital structure to its shareholders, Embraer will promptly
disclose full details of the proposal to the investment community.



                     Sao Jose dos Campos, January 13, 2006.



                           Antonio Luiz Pizarro Manso
                   Executive Vice President Corporate and CFO