IFALPA Rejects Brazilian Prosecution of US Collision Pilots

The International Federation of Airline Pilots Associations (IFALPA) is claiming that the Brazilian Federal Police recommendation that Excelaire's Legacy crew be prosecuted is fundamentally flawed and premature. The two pilots are to be charged under section 261 of the Brazilian Penal Code "for placing a vessel or aircraft in jeopardy". IFALPA is asking that any civil or criminal action be deferred until the results of the technical investigation by CINTRA are available. In its own report, the Polícia Federal has acknowledged that air traffic control's performance was flawed yet they have failed to investigate fully the role played by it. The police claim this is because the military controllers are outside their jurisdiction. IFALPA is calling on the Brazilian Ministry of Justice "to take the opportunity to comply with the guidance of ICAO Annex 13 concerning post-accident prosecution."
Off the record, the IFALPA view was even more explicit. "ATC cleared both aircraft to fly at FL370. Legacy crew may or may not have bumped the transponder switch to standby. ATC is responsible for traffic separation. The TCAS is a last ditch device in case ATC fails and your aircraft then has a conflict with another aircraft. Maybe we should rethink flying in Brazil if they feel other than that." Related link