Amateur lawyers discussion re: B737/Legacy crash in Brazil
Quote:
Originally Posted by FreeJoe&Jan
Thank you for that response.
I think that probably summarizes the circumstances that exist now. I don't think that is the every day law.
Normally, I would guess that there needs to be a law that allows a court to prevented someone from leaving the country. It has to be something more than that a criminal investigation is happening because those can take a long time, etc.
no.
Quote:
Originally Posted by FreeJoe&Jan
The real question is what is required for a Brazilian court to prevent someone from leaving the country?
In the case of N600XL pilots, the right of legal defense is in the Brazilian constitution, the procedures referring to the inquiry (incluive the apprehension of the passports) in the Code of criminal procedure.
Quote:
Originally Posted by FreeJoe&Jan
There have to be rules in Brazil before you can take away someone's freedom. What are those rules and do they apply here? To me, that's the real question.
they AREN'T arrested. so, they are free. They cannot leave the country before they can defend themselves justice.
Before someone blame the Brazilian Justice, just remember that, the ATC, and the pilots are suspected of involvement. The justice want to know if they where victims of a sequence of events that lead the mid-air collision, or if they are guilty of flying in a dangerous way.
Look, I am not an lawyer. I just want to help foreigners to understand what is happening here in Brazil in the investigation of this terrible crash.
I guess this has become a dead topic while two pilots cool their jets in Brazil waiting for someone to figure out if a crime was committed ...after two months you would think the rule books could have been read to see what violation of criminal law took place.
In the case of N600XL pilots, the right of legal defense is in the Brazilian constitution, the procedures referring to the inquiry (incluive the apprehension of the passports) in the Code of criminal procedure. they AREN'T arrested. so, they are free. They cannot leave the country before they can defend themselves justice.
Before someone blame the Brazilian Justice, just remember that, the ATC, and the pilots are suspected of involvement. The justice want to know if they where victims of a sequence of events that lead the mid-air collision, or if they are guilty of flying in a dangerous way.
Look, I am not an lawyer. I just want to help foreigners to understand what is happening here in Brazil in the investigation of this terrible crash.
I think you didn´t read the post properly. Nobody spoke about arrest, simply not freedom. Do you think people in Cuba are arrested?
The pix are fake, as you will see, especially if you study both of them. I've seen them before. That appears to be a two aisle airplane, in the first place.
Those were probably first published in Brasil, why I don't know, but it has kept the specter alive. GB
Please, remove this fotos since they are neither from inside the Gol airplane nor there is a wide body in the Gol fleet. The pictured passengers in here are very unlikely Brazilians as one that knows the average brazilian knows: 1.They do not dress like this unless there is an special event, 2. The magiority of the Brazilian population is of mixed color, especially in that region where the traces of the Indian etnics are evident. Besides,the tail you can see in the bakground has a blueish star and not an orange G. So either this is a very bad taste hoax or is taken from a movie picture sequence.
Please, remove this fotos since they are neither from inside the Gol airplane nor there is a wide body in the Gol fleet. The pictured passengers in here are very unlikely Brazilians as one that knows the average brazilian knows: 1.They do not dress like this unless there is an special event, 2. The magiority of the Brazilian population is of mixed color, especially in that region where the traces of the Indian etnics are evident. Besides,the tail you can see in the bakground has a blueish star and not an orange G. So either this is a very bad taste hoax or is taken from a movie picture sequence.
Agree, very bad taste, please remove them. The movie is TV serial "Lost".
You seem to be one of those guys who want to change the world… so romantic
So derogatory, verging on condescension. Yes, reality rules today. I think we all know that. But what on earth is wrong with wanting to change the world?
So derogatory, verging on condescension. Yes, reality rules today. I think we all know that. But what on earth is wrong with wanting to change the world?
Nothing, since you respect the freedom of thinking and understanding of others (people and countries). Unfortunately that’s not the case sometimes here...
So derogatory, verging on condescension. Yes, reality rules today. I think we all know that. But what on earth is wrong with wanting to change the world?
Nothing, since you respect the freedom of thinking and understanding of others (person and countries). Unfortunately that’s not the case sometimes here...
To all defending the disgusting brazilian government's behavior....
I have a simple question.
Doesn't Brazil have an extradition treaty with the USA? If so then there is absolutely NO reason to hold em in brazil. If charged later they can always be extradited. Telephones and written depositions can suffice for any questions that might come up in the interim.
This is shamefull behavior making brazil look like a backwater 3rd world country.
To all defending the disgusting brazilian government's behavior.... I have a simple question. Doesn't Brazil have an extradition treaty with the USA? If so then there is absolutely NO reason to hold em in brazil. If charged later they can always be extradited. Telephones and written depositions can suffice for any questions that might come up in the interim. This is shamefull behavior making brazil look like a backwater 3rd world country. Cheers Wino
Even if Brazil has an extradition treaty with the USA, do you really think that the arrogant US governement will hand them back It would even not extradite their war criminals...but on the other hand detain illegally people in Gitmo in breach of Geneva Conventions. What an example for a "FREE AND DEMOCRATIC" first world country"
Imho Guantanamo, Iraq, Afghanistan and many, many others are not the best behavior. But you guys could think the US is making justice, don’t you?
Anyways, the pilots will be released soon. There’s logic on the Brazilian procedure. Actually, it's more reasonable than the US logic sometimes…
Why is the example that people point to always terrorism or war? How does that relate to a plane crash?
Does the fact that you think the US is wrong on Gitmo or other matters make what Brazil is doing okay?
What if the pilots were not American? If they were from Switzerland, would you still be able to justfy what Brazil is doing without being able to point to what the US does or does not do?
Even if Brazil has an extradition treaty with the USA, do you really think that the arrogant US governement will hand them back It would even not extradite their war criminals...but on the other hand detain illegally people in Gitmo in breach of Geneva Conventions. What an example for a "FREE AND DEMOCRATIC" first world country"
Inside Goal B737 during breakup
It would even not extradite their war criminals...but on the other hand detain illegally people in Gitmo in breach of Geneva Conventions. What an example for a "FREE AND DEMOCRATIC" first world country" 
