I don't disagree with you on the fact that in the GOL and TAM cases there is no evidence of criminal behaviour. But you can't generically forbid hipothetical lawsuits just because investigators think (or simply say) it would make their job more complicated.
Flyingnewbie 10. We are both from Brazil but I lived and worked in the US for thirty years. Actually I learned to be pilot of Tripacers and Cherokees there. Thirty years is a good experience in terms of learning about a Country. Especially is someone is a psychiatrist/psychoanalyst as I am.
Contrary to all prejudices I see in Brazil (there are in the US also about south americans...) I have a lot of respect for the USA.
It seems that you did not quite understand how different it is a criminal investigation from a expert investigation trying to know what went wrong in a disaster and above all what can be done to prevent it. Once the investigative agency publishes the final report, of course anyone is free to sue anyone else in a free country.
But when you have criminal investigation running ahead of the proper investigation by people who know about aviation you can imagine that this will make it very difficult for collecting data that could help in the understanding of the disaster.
I doubt if you will agree with what Brazil has done: start immediately several criminal investigations by local police, federal police, house of representatives, senate (people who have no expertise on aviation matters). Not to speak of the Defense Minister who knows nothing about aviation making declarations in TV on who should be blamed.
This indeed complicated for CENIPA to investigate the disaster.
Of course CENIPA also has a problem. It belongs to the Air Force and it is ackward to have it investigating a disaster where the Air Force could have played a part (Air Traffic Control).
About the US pilots and the Brazilian pilots from TAM. The ideal situation would be for everyone to wait the final reports from CENIPA (NTSB is also involved). But no...everyone gets into the act and I do feel that the US pilots could easily be scapegoated not only in terms of prejudice but also because they represent Excel Air that has a big insurance and an expensive Legacy that has been confiscated at the Cachimbo Air Base. Insofar as the TAM pilots there are some evidences that show that perhaps they indeed made a mistake but this has not been decided as far as I know the way it was decided by the local, federal police and house committee that the Legacy pilots were the cause of the GOL disaster.
Letīs try to be fair and just. I appreciate your participation and views.
Finally I really am not sure if Brazilian pilots would be held in the USA in a similar disaster. This is a conjecture.
My greetings and best wishes.