Tobzalp, you appear to believe the reason TCAS should not be used for safety mitigation is because of the midair collision between a Tu154M and a B757 over Lake Constance on 1 July 2002.
If I remember correctly, the reason the accident occurred is that an error was made by air traffic control and then one of the pilots did not obey the TCAS Resolution Advisory. The safety investigation stated that if the pilot had complied with the TCAS RA, there would not have been an accident and everyone would be alive today.
How then do you use that as an explanation for not using TCAS for safety mitigation?