Justice Department absolves those accused of responsibility for TAM accident in 2007
The Federal Justice Department for the State of São Paulo has absolved the three individuals accused in the criminal process of the accident involving the TAM Airbus-A-320 that killed 199 people at state capital’s city airport, Congonhas, on July 17, 2007.
The Security Director of the TAM flight, Marco Aurélio dos Santos de Miranda e Castro, TAM’s Vice-President for Operations, Alberto Fajerman, and Denise Maria Ayres Abreu, who was the Director of the National Civil Aviation Agency (ANAC) at the time of the accident, were all absolved.
In the decision proffered, the judge rejected the claim filed by the Federal Government Attorney that the accused individuals had acted with fault. The Federal Government Attorney sought a decision against the accused for violation of articles 261 (‘placing a vessel or aircraft at risk’) and 263 (‘bodily damage or death due to accident’) of the Penal Code.
In rejecting the accusations, the judge decided to absolve the defendants due to the “untypical nature of the alleged conduct”. According to him, “the Federal Prosecutors were limited to establishing that neither INFRAERO nor ANAC performed a formal inspection following the termination of the works performed with the purpose of testifying to their operational conditions.”
Following the judicial decision, the ex-Director of ANAC, Denise Abreu, confirmed that she intends filing a case seeking reimbursement for the moral damages resulting from the “assassination” of her reputation. According to her, “the lowest and most dishonest of arguments (were used) to destroy the reputation of a civil servant.”