The Federal Supreme Court (STF) maintained this Wednesday (14) the validity of the law that establishes rules of secrecy and restrictions on the sharing of investigations into air accidents in the country.
The Court ruled on a lawsuit filed by the Attorney General’s Office (PGR) to suspend part of the rules. By a vote of 9 to 1, the plenary of the STF understood that the law was approved by Congress after extensive debate and does not prevent the Public Prosecutor’s Office and the police from investigating accidents.
The challenges to the law arose because the investigations carried out by the Aeronautical Accident Investigation and Prevention Center (Cenipa), an Air Force agency, serve to prevent other accidents, that is, they are not intended to punish those involved.
The Public Prosecutor’s Office and the Federal Police (PF) are seeking criminal liability for any irregularities committed by aircraft manufacturers, pilots, mechanics and airlines.
The main point questioned by the PGR concerns the purpose of the investigation conducted by Cenipa. According to the law, the investigation carried out by the Air Force cannot be used for evidentiary purposes in judicial and administrative proceedings. Furthermore, access can only occur upon judicial request.
The prosecutor’s office also argued that the Public Prosecutor’s Office and the Federal Police must have simultaneous access to investigations conducted by the Air Force and mandatory reporting of evidence of crimes.
