Originally Posted by
ATC4US
"4-4-1. Clearance
a. A clearance issued by ATC is predicated on known traffic and known physical airport conditions. An ATC clearance means an authorization by ATC, for the purpose of preventing collision .... IT IS NOT AUTHORIZATION FOR A PILOT TO DEVIATE FROM ANY RULE, REGULATION, OR MINIMUM ALTITUDE NOR TO CONDUCT UNSAFE OPERATION OF THE AIRCRAFT.
b. 14 CFR Section 91.3(a) states: "The pilot-in-command of an aircraft ...
(Federal Aviation Administration - Aeronautical Information Manual - Official Guide to Basic Flight Information and ATC Procedures)
While US regulations have little direct relevance to the proceedings in Brazil, it is worth reading on in 14 CFR where it says
§ 91.179 IFR cruising altitude or flight level.
Unless otherwise authorized by ATC, the following rules apply—
(a) In controlled airspace. Each person operating an aircraft under IFR in level cruising flight in controlled airspace shall maintain the altitude or flight level assigned that aircraft by ATC.
This clearly says - 'maintain the last level assigned by ATC' (as all of the pilots keep saying. It would be interesting to know what Brazil's regulations are for IFR altitudes in controlled airspace are (I had naively assumed all countries required compliance with your last ATC clearance - other than in an emergency)
The prosecutors almost seem to be arguing that Brazil's ATC is not competent to assign an altitude!!