Not an accident: family demands accountability from 12 defendants for the Voepass fall

The Federal Justice's decision to transform the 12 accused in the flight 2283 accident by Voepass into defendants was received with hope by the families of the 62 victims of the tragedy. For the lawyer Luciano Katarinhuk, who represents the Association of Victims' Families, the full acceptance of the complaint by the Federal Public Ministry (MPF) represents an important step for the accused to be held responsible. "The hope now is that the 12 people who were denounced and accused will be held responsible for this crime, which was the death of 62 people in the fall of this plane, which was not an accident, but a crime," he said. The fall occurred on August 9, 2024. The defendants are responsible for crimes of endangering air transport security and air transport incident. ➡ Incident is the fall, destruction, or serious compromise of any maritime, riverine, or air transport means. In the case of the accident in Vinhedo, it is classified as an air transport incident by the fall or destruction of an aircraft. The Penal Code provides a penalty of imprisonment, from four to twelve years. For the lawyer Leonardo Amarante, who represents the families of 37 victims of Voepass, the court's decision "finally finally gave the starting point for an unprecedented criminal action in terms of responsibility." "This has never been seen before in Brazil in an air accident. Therefore, we await that the process follows with the same effectiveness and leads to the conviction of those responsible for this tragic accident," he said. According to the MPF, the crimes attributed to the accused are not only related to the direct causes of the accident but also to the practices adopted by the company which, according to the investigation, prioritized cost reduction and profit to the detriment of aircraft maintenance. In a note, Voepass stated that it will continue to collaborate with the Judiciary and the competent authorities - click here to read the full note. The defense of José Luiz Felício Filho informed that he will manifest himself in the records, at the appropriate time, fully exercising the constitutional guarantees of contradiction, broad defense, and due legal process. The 12 defendants Among the defendants are members of the high administration of Voepass who held positions of direction and management at the time of the accident, such as president José Luiz Felício Filho. Two employees who, according to the MPF, had direct participation in the events that led to the fall are also responsible for the crimes. See the list below: - Marcos Hiroyuki Sato (flight dispatcher, responsible for flight 2283) - Alex de Souza Leandro (mechanic) - William Schmidt Agatz (manager of the Operations Control Center) - Juliano Flores Pacheco (manager of the Maintenance Control Center) - Raphael Limongi de Figueiredo (head of the Operations Control Center) - Marcel Sarquis Moura (operations director) - Tiago Passucci Morani (chief inspector and engineering manager) - Carlos Alberto Costa (maintenance director) - Eric Consoli (technical director) - Rafael Gimenez Rodrigues (chief pilot) - David da Costa Faria Neto (operational security director) - José Luiz Felício Filho (owner of Voepass) Art shows who the 12 denounced by the MPF after the fall of flight 2283 in Vinhedo (SP) - Photo: Arte/g1 Four other people indicted by the Federal Police entered into non-prosecution agreements and, therefore, were not included in the complaint. ➡ Created through the Anticrime Package, the non-prosecution agreement is offered by the MPF to people accused of crimes without violence or grave threat before the complaint. The accused can admit guilt and comply with conditions to avoid arrest or facing the process. What the complaint points to Globocop shows the location of the plane crash in a condominium area in Vinhedo (SP) - Photo: Reproduction/Tv Globo The Federal Public Ministry (MPF) denounced the owner of Voepass and 11 other people for the crime of endangering air transport security. According to the MPF, the investigations identified internal guidelines aimed at reducing costs and maintaining the operation of the aircraft even in the face of safety risks. The complaint states that the company's airplanes had false maintenance records or underwent repairs considered precarious, with the use of low-quality parts and without traceability. The document also sustains that there was pressure on teams so that failures identified during flights and ground inspections were not registered in the occurrence books. For the agency, the disaster was not an isolated episode, but a "foreseeable outcome of a continuous process of deliberate omissions." Investigations Aircraft debris in Vinhedo (SP) this Saturday, August 10, 2024 - Photo: Nelson Almeida/AFP The complaint is based on investigations conducted by the Federal Police (PF), the Center for Investigation and Prevention of Aeronautical Accidents (Cenipa), and the National Civil Aviation Agency (Anac). The final report from the PF indicated the pointed-out individuals as involved in crimes ranging from ideological falsehood, omission of technical failures and insertion of false data in the Flight Logs (Technical LogBooks), to endangering air transport security and air accident with a fatal result. Severe ice and defrosting system failures According to the investigations cited by the MPF, the company knew that the ATR 72-500 model did not have certification or approval from the manufacturer to operate in critical ice conditions. Nevertheless, according to the complaint, the aircraft was flown between Cascavel (PR) and Guarulhos (SP) on August 9, 2024, when there were warnings of severe ice formation along the route. The MPF further states that problems with the defrosting system contributed to the loss of aircraft lift. According to the complaint, pilots and managers of the company knew about these failures in the mechanism for at least one year, but the absence of official records allowed the plane to remain in operation. What Voepass says "VOEPASS understands that, with the receipt of the complaint by the Federal Justice, the process will follow the procedures provided by law, ensuring the rights of the parties involved. The company will continue to collaborate with the Judiciary and the other competent authorities, providing the documents and information that are requested throughout the process. Over more than three decades of operation in Brazilian aviation, VOEPASS maintained operational safety as a fundamental principle, with maintenance, operation, and training procedures guided by aeronautical regulation and its internal safety and compliance guidelines. The defense of José Luiz Felício Filho informs that he was aware of the receipt, by the Federal Justice, of the complaint presented by the Federal Public Ministry and that he will manifest himself in the records, at the appropriate time, fully exercising the constitutional guarantees of contradiction, broad defense, and due legal process. At the time of the accident with flight 2283, Felício was a member of the VOEPASS Council and was removed from direct and daily management of the operation, having resumed executive management after the accident. Felício has collaborated with the authorities since the beginning of the investigations and will remain at the disposal of the Justice to contribute to the full clarification of the facts. The executive maintains his confidence in due legal process and reiterates his respect for the authorities and his solidarity with the families of the victims of flight 2283."