Not going to continue on this silly discussion about "what the pilots should have done or not " waste of time . Everything has already been said by professionals here. Let's move on .
What I really find interesting , is those " leaks" in the CENIPA reports posted here ( if indeed they are leaks, this is Internet after all )
I especially like this one :
More about final CENIPA/NTSB report:
"Cenipa investigators also suggested more rigorous requirements (inspection) of foreigner pilots that operate in the country, requiring needed familiarity with Brazilian air traffic system.
in conjunction with that one :
4. The flight rules for Brazilian Air Space are correct by international standards, as prescribed by the International Civil Aviation Organization (ICAO)
An admission that Brazil ATS system is not what the rest of the world do, even if it is not in contradiction with ICAO SARPS ?
As to the Communications :
5. The Air Traffic Control radiocommunication system, from an exclusively technical aspect, did not present failures
Ah ! so it does has failures which are not exclusively technical ?
This is perhaps why they keep on transferring a/c to other sectors always giving an alternate frequency ?