Today in brazilian press they are saying that the ATC in São José dos Campos, during take off clearence, said " cleared at 37,000 to MANAUS", so that would overcome the flight plan and pilots should do all trip at 37,000.
Because of that the first controller should be blamed for most of the responsability in the accident. Many other things would have contributed to the accident, including pilots.
All this delay in brazilian ATC is now an "answer" from other controlers showing how traffic would be if they would follow all instructions and regulatios. They wanna prove that their coleague mistake was due to overworking.
Those are the rumors!