CONF iture
What was foreseeable was that an accident at Congonhas would happen, we had enough close calls prior to JJ3054 involving 737s and an ATR. The BEA position seems to be that:
1. TAM was well aware of the previous incidents
2. TAM knew about the modified software (not fitted due to cost)
3. TAM had adopted modified procedures as recommended (not used on this occasion)
So the BEA assertion is not unreasonable IMHO. Right or wrong is an entirely different question.
TTFN