Court cancels absolution of pilots in jet which collided with Gol plane
The decision by TRF appeals court judges of TRF can be appealed to the STJ
Accident, which happened in September of 2006, left 154 dead.
The Regional Federal Tribunal (TRF) of the 1st Region, located in Brasilia, decided this Tuesday to cancel the decision of a judge in Mato Grosso that determined the absolution of the two North American pilots who were on the Legacy that collided with the Gol Boeing in September of 2006.
They are accused of negligence in the episode. But, in December of 2008, the magistrate in MT considered that Joseph Lepore and Jan Paladino had not been negligent in communication with air traffic control.
According to the TRF, with the suspension of the absolution, the case returns to the trial court. The pilots' lawyers can still appeal to the Superior Tribunal of Justice to try to revert the decision.
The appeals judges of the TRF, however, maintained the absolution of controllers Felipe dos Santos Reis and Leandro Santos. Lucivando Tibúrcio continues to answer for incompetence.
Lawyer Theo Dias, who defends the American pilots, considered the court's decision "erroneous". "The accident was caused by failures in the air traffic control system", he affirmed. Dias said that he will analyze the decision in order to decide whether to appeal or not. The pilots are also answering to other charges.
The two airplanes collided in the air space of Mato Grosso in September of 2006. The Gol Boeing was following the route Manaus-Brasília-Rio de Janeiro and the Learjet jet (sic) had left São José dos Campos on its way to the United States. None of the 154 passengers and crew of the Gol flight survived. THe American pilots managed to land the airplane in an air base in the region.