Robert_2006

On October 5, the President of Infraero, Brigadier José Carlos Pereira, stated that an eventual lack of communication "did not mean that the planes would collide." Further, he explained, "In the oceans, no one talks to one else, the planes don't communicate with each other and they don't collide. Also in the Amazon, during decades, one flew without the SIVAM [Amazon Vigilance System] and without any communication, and also no one collided. Therefore, even a failure in communications does not justify in any way planes colliding in the air." He also repudiated "vehemently" declarations attributed to Sharkey that of the Brazilian air traffic control being "very bad." The President of Infraero also said that Joe Sharkey "has no technical qualifications to make the critical comment he made" and that the Brazil airspace system is "highly qualified."

On October 10, Waldir Pires, the Brazilian Defense Minister, answering a newspaper interview question concerning claims of inadequate air traffic control coverage in Brazil, stated:

"I cannot anticipate testimony that may be given, for example, by this [Joe Sharkey] in the United States. It is evident, it seems to me that his personality is a little frivolous, because with the number [of accidents] we have and the statements he makes, it [(Sharkey's statement)] is something absolutely inadequate."[2]

On October 12, Joe Sharkey's blog was deleted after receive several angry critical posts, mostly from Brazil. In entries MID AIR COLLISION III, IV and V, published after October 8, Sharkey lamented the reactions in Brazil, including that of Mr. Pires, reaffirmed his concern over the fate os the pilots, and called for their return home.

Robert_2006

The fact is: JAN LEPORE and JOE PALADINO should follow their written flight plan called for the Legacy to drop to 36,000ft just after passing Brasilia. And they DIDN'T DO IT, causing the catastrophe.
What Brazilian Military is investigating - and MUST INVESTIGATE - is if air-traffic control in São Jose dos Campos overrode that plan and instructed the pilots to stay at 37,000ft (according with Joe Sharkey article).

Tom Casey, US State Department’s Spokesman said: "My understanding is there have been no criminal charges filed against these individuals (Jan and Joe), nor any civil charges filed. The Brazilians are conducting an investigation into this incident. The passports of the individuals involved have been requested and have been turned over as part of that investigation.
Certainly, we have been in touch with the Brazilian Government about this issue and also have been, through our consular officials, talking with the individuals involved. But my understanding is they are not charged with any criminal violations. This is simply part of a standard procedure that the Brazilians are applying under their law as they proceed with the investigation."

It means: US GOVERNOR AGREE WITH BRAZILIANS AUTHORITIES PROCEDURES AND THEY JUST WILL WAIT FOR BRAZILIAN DECISION.

Bye
Roberto Arruda (from Copacabana Beach)

XJet-MX

Brazil Midair: ATC Shift Change Reported

A spokesperson for the Brazilian military testified in Brazil’s Congress and admitted that the collision occurred during a shift change and that the controller who was finishing his shift gave incorrect information to the controller who was taking over. Meanwhile, NBAA and the Allied Pilots Association, the union representing 13,000 American Airlines pilots, have added their voices to the growing international call to bring home the two U.S. pilots who continue to be detained in Brazil after the September 29 midair between their Legacy 600 and a Gol Airlines 737. On November 20, NBAA sent a letter to the president of Brazil calling for the immediate return of the two pilots. “It is clear there was no intentional wrongdoing in this case,” the letter states. “Preventing the pilots from returning to the U.S. is neither appropriate nor beneficial to the investigation.” The Allied Pilots Association is asking the “U.S. government to express to Brazilian authorities the need to permit the two pilots to return to their homes, as well as the importance of conducting the accident investigation in accordance with ICAO Annex 13,” rather than as a criminal case.

It's not right to these pilots or to their families to be stuck there, they need to release them.

1Seat 1Engine

Looks like you got it all figured out.

1Seat 1Engine

Are the ATC controllers under house arrest?

fireman0174

And have their passports been confiscated?

Robert_2006

If investigation conclude the ATC controllers are culprits, they will be penalized. This is the law.

Robert_2006

No, cause they are not foreings, they are in their own country.

Sir, I understand your point of view, and sincerely I respect it. But, if neither US governor is saying anything about this, they agree with the brazilian procedures and let all investigation in Brazilian hands, so what we can say?

I believe these two guys are innocent, nobody is thinking they premeditated to let the plane on a wrong altitude just for fun, or to play with their lives or the others' ones.

It's clear the accident was caused by a sucession of communication errors between the ATC controllers and the pilots.

But personally, if I were piloting a plane with a flight plan for 36.000 ft and an ATC controller say "keep on 37,000 feet", I would ask him many times: "ARE YOU SURE? THIS IS NOT ON MY FLIGHT PLAN!!!"

I think the pilots didn't do it. This is not a criminal error, but a communication problem between people that talk different languages. Maybe, that difference didn't allow a longer talking between controllers and pilots that could avoid this fatal error.

This is MY PARTICULAR OPINION. Not the BRAZILIANS opinion.

Bye

1Seat 1Engine

So they're free to flee the country then? <sarcasm on>That seems fair to me!<sarcasm off> Just so you know, we take passports from Americans in America if they're suspect to a crime and a flight risk.

I personally don't find it all that unusual to get cleared an altitude different from filed or hemispheric, especially if my mean course is close to N or S, or changes across hemispheric. Happened to me just last week.

From what I understand, this is also the case in the Brazil accident.

These pilots could be available for questioning or interview anywhere in the world. The only reason Brazil would want to keep them in the country would be to administer punishment to them.

FlyerJosh

Robert,

Are you a pilot? It's not uncommon to be issued altitudes and routings that aren't on filed flight plans.

I for one am getting sick and tired of this circus that is playing out in Brazil. It's time to let these pilots go, or press charges against them. Simple as that. Either Brazil has a justified reason to keep them held HOSTAGE, or they can release them to return home.

From what I see, they have no grounds to continue holding these pilots, and there certainly is n't a case for criminal prosecution. Things will continue to get ugly for Brazil the longer that they hold these guys PRISIONER. Especially as the holidays come around.

Now- for all of you pilots out there. If you haven't called, written, emailed, or visited your congressional representatives, I URGE YOU TO DO SO NOW!

The NBAA has set up a very easy and convenient website where you can do so. It takes only a few minutes to fill out and automatically routes your email to the proper reps/senators. DO IT NOW! If you don't get a reply in a few days, DO IT AGAIN! If you haven't written in the past week, DO IT AGAIN!

Here's the link:
http://web.nbaa.org/public/govt/action/?ISSUE=nbaa0010

WE NEED TO MAKE OUR COLLECTIVE VOICES HEARD. I can't emphasize that enough! WE NEED TO MAKE OUR COLLECTIVE VOICES HEARD!

Let's bring these guys home. Remember- The way that Brazil treats this accident has the strong potential to set precedence that could affect you down the road. Help end this circus before it gets any further out of hand.

I for one vow to refuse any future trips to Brazil as flight crew until Brazil comes into compliance with recognized international statutes.