If the Brazilians are going to conduct criminal proceedings on pilots with no other purpose than to try and "cover up" their own screwed up ATC system and sub par controllers maybe we in the USA shouldn't buy Brazilian airplanes anymore.
I've done a fair piece of flying there and as everybody who has knows you are pretty much on your own. ATC has more of an advisory if they feel like it function than the actually controlling traffic.
If anybody needed to go to jail in that accident it was the Brazilian controllers.