Among 4 colleagues and 2 pilots responsible for the accident, according to the accusation, Jomarcelo dos Santos is the only one penalized
Jomarcelo's lawyer Roberto Sobral said yesterday that the verdict will not stand legally. He said that he is waiting for the Supreme Court to judge a habeas corpus already filed to remove the case from the Military Courts, as the defense understands that is it not that sort of crime.
But the lawyer extended his criticism to the progress of the case. “What we lament is that we are not being permitted to produce proof that shows the flaws in the air traffic control system. He (Jomarcelo) was convicted for the failures of the Brazilian system itself. This way, all of society continues in risk", he affirmed. On the penalty given Jomarcelo, Sobral commented that the sergeant will not be jailed. It is, he explained a penalty that only restricts rights.
Convicted yesterday, Jomarcelo had erred in not having informed the controller that relieved him about the change in altitude and on the turning off of the Transponder (which warns of the approach of other aircraft) of the Legacy jet, under command North American pilots Joseph Lepore and Jan Paul Paladino.
The Federal Courts have gone back on decisions: after returning from a leave of health, the judge of the Federal Court of Sinop, Murilo Mendes, authorized the witnesses called by Lepore and Paladino's defense, previously disallowed by substitute judge Fábio Henrique de Moraes.
In yesterday's judgment, judge Vera Lúcia da Silva Conceição was the only one to vote against the conviction of Santos. For her, none of the controllers was to blame in the accident.
"However much the accused may have erred, the accident would not have happened if the Legacy's transponder had been on", affirmed the judge, for whom there was a series of failures. Also according to the magistrate, independent of the result of the judgment, the trial will not bring tranquility to those accused of involvement in the death of 154 people.