Includes Government Officials, Airline Execs

One of the basic tenets of aviation regulation in much of the world is that the use of criminal penalties should be a last resort, to avoid creating an environment which discourages the reporting of safety problems.

But Brazil has a recent history of pursuing criminal charges against pilots before investigations are complete, and even lawsuits against foreign reporters whose observations offend its citizens. Now, the Associated Press reports Brazilian police are fixing blame on both airline officials and government bureaucrats for the nation's worst-ever airline accident.

As ANN reported, TAM Airlines Flight 3054 overran a runway in driving rain at Sao Paulo's Congonhas airport in July of 2007, killing all 187 onboard the Airbus A320, and 12 more people on the ground.

An investigator with the Sao Paulo state civil police, who spoke anonymously, said their investigation showed government officials failed to set stricter rainy-day landing rules for the short runway and to fully repair its drainage system.

Airline officials are blamed for poor pilot training, and operating the airliner with one of its thrust reversers inoperative. The airline insists Airbus considered flying with the inoperative thrust reverser acceptable.

A total of 10 people have been implicated in the civil police report, including the former director of Brazil's National Civil Aviation Agency (ANAC) and the airline's safety director.

The Brazilian Air Force, which also operates the nation's air traffic control system, is conducting its own investigation. Individuals found guilty could face up to six years in prison, but it will be up to Brazilian prosecutors to bring formal charges.

FMI: www.tam.com, www.infraero.gov.br