The decision of Judge Murilo Mendes of the Brazilian Federal Court in Sinop, to indict the pilots of the Embraer Legacy, which collided with a Gol Airlines 737-800 in September of 2006, and 4 air traffic controllers constitutes a serious attack on the principles of just culture.

Under ICAO and the Chicago Convention, there should be no criminal liability without intent to do harm. By infringing this internationally recognised standard the Brazilian judge is putting in danger the pillars on which air safety is based and compromising the future of air transport.

ECA supports a thorough investigation which can contribute to avoiding similar accidents in the future and a civil process which addresses correctly the rights of the victims but strongly condemns the criminalisation of this tragic event.