Prosecutors Push Back against Annex 13
Safety, not punishment, is the key to investigations, the industry contends.

Brazil's law 12.970/2014 brought the country's legislation into agreement with the Chicago Convention's Annex 13, giving safety priority over punishment, but has suffered push-back from prosecutors. This year the prosecutor-general challenged as unconstitutional provisions that require a court order for access to safety investigation data, and even the principle that voluntary testimony given in a safety investigation, and the investigation's conclusions, can't be used in court. The challenge is waiting to be heard by the Supreme Court as ADI 5667, and has garnered amicus curiae briefs in favor of the sanctity of safety investigations from aviation union SNA (Sindicato Nacional de Aeronauta, the TAM airline workers' association). An association of accident victims' relatives has asked to present a brief.


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