Abstract

The criminalization of aircraft accidents constitutes a controversial topic in Brazilian commercial aviation, generating tensions between preventive investigation objectives and criminal accountability pursuits. This study analyzes these tensions using the case study of Varig flight RG254, which occurred on September 3, 1989. The research employed qualitative methodology based on bibliographic review and documental analysis of official reports and specialized literature. The official investigation identified 16 contributing factors, 14 related to pilot actions and 2 to organizational aspects. However, subsequent experimental validation by the International Federation of Air Line Pilots’ Associations (IFALPA) demonstrated that 71% of tested pilots would commit the same error, evidencing the systemic nature of the problem. While SIPAER’s technical investigation identified organizational factors and recommended preventive changes, criminal proceedings resulted in pilot convictions only, illustrating contradictions between approaches. Law 12.970/2014 attempted to harmonize these tensions through procedural separation between preventive investigation and criminal prosecution. Results demonstrate that simplistic criminalizing approaches can compromise both investigative effectiveness and justice, suggesting the need for accountability strategies that prioritize systemic improvements over individual punishments.

Keywords

criminalization of aircraft accidents, human factors, preventive investigation, Varig RG254