"Legacy was the only one aircraft that followed the rule and kept same level until destiny. Could you imagine if all of those pilots had followed the rules? God bless them by disobeying the rules."
NO. You are wrong. Dead wrong. On that day, the Legacy was the only aircraft to have both a transponder failure and communication failure at a critical point in their flight. I am quite sure that most of the other aircraft flying that day could have fallen into the same trap.
As pilots we are very careful to maintain the last assigned altitude unless cleared by ATC. Even if radio contact is lost.
What if GOL had just been cleared to 36,000'? What if the Legacy pilots had taken the initiative to change altitude to 36,000' on their own because they had lost radio contact? Can you just imagine the outcry if they then collided at 36,000'.
The fault here is totally with Brazilian ATC...... They were unable to maintain separation in a very straightforward situation. Many parts of the world have no radar at all. Many parts of the world have gaps in radio coverage. It is not difficult to seaprate aircraft in these situations if you follow some very basic rules.
The way I see it, Brazilian ATC has very lax procedures, poorly designed equipment, and it was just a matter of time before an accident like this happened.
Just pray it won't happen again.