A utilização do relatório do centro de investigação e prevenção de acidentes aeronáuticos (CENIPA) na investigação judicial de acidentes aeronáuticos

• Autor(a) principal: Bueno, Felipe Galvão
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/11837
• topic: Acidentes aeronáuticos; Relatórios finais; Responsabilidade

Monographic work to analyze the use of the report of the Center for Investigation and Prevention of Aviation Accidents (Cenipa) in the judicial investigation of air accidents, developed through the bibliographic review and the corresponding legal diplomas. The opinion that reports the conclusions of the technical investigation carried out by the aeronautical authority, called Final Report, has the main objective of preventing air accidents, preserving human life. At the same time, it is also necessary to determine criminal liability, with the consequent punishment of those guilty, pecuniary indemnity in the civil sphere of those who caused the accident and the imposition of relevant administrative sanctions. These responsibilities are determined through due process, via police, judicial or administrative activity. Under the perspective of the existence of dual investigations, there is a discussion about the principles pertinent to the Aeronautical Accident Investigation and Prevention System (Sipaer) that to protect the collected evidence and the collaborators who came to provide information about the accident in a voluntary, assuming the confidentiality of your identity is preserved. On the other hand, it demonstrates the possibility of requesting in court, through the hearing of the judicial representative of the Sipaer authority, that the result of the investigation carried out be used as judicial evidence. However, under the argument of the judge's free conviction, as well as the assessment of the evidence and that the injured parties also want access to the reasons that led to an accident, judicial decisions have been guided by the conclusions presented in the Final Reports issued by Cenipa. Thus, to achieve the proposed theme, the technique of bibliographic and documentary research was applied, by monographic procedure, of qualitative nature and deductive method. We sought to clarify the coexistence of the roles played by the competent authorities, aiming at the coordinated balance of their investigative actions.