Investigation of Aircraft Accidents and Incidents in Latin America (Part II)

CAPALDO, GRISELDA D.

Zeitschrift für Luft-und Weltraumrecht

Carl Heymanns Verlag

Lugar: Köln; Año: 2003 vol. 2003 p. 513 - 531

0340-8329

Publicación con referato. Revista publicada desde 1929, editada por Kluwer (reconocido prestigio y excelencia). In all aviation accidents, the relationship between the technical fact and legal regulations as well as the discernment of liabilities, becomes dramatically evident since the objective of the investigation has a preventive purpose, namely the goal of avoiding future casualties. It is without any punitive aim, and there is no necessity for apportioning blame on anyone with the objective of making such a person or group of persons civilly and/or criminally responsible for the accident. In other words, two opposite but equally significant legal interests must be satisfied and the Law has to find the balance point between them.   Having defined the problem, the article is divided into three parts: first comes a descriptive chapter, the second is analytical and the third is of theoretical-prospective nature, since there has to be developed a ?conceptual map? to describe how the information gathered by the organism in charge of the technical investigation of the accident has to be used by Courts and judges. The first part is devoted to examine different ways in which the term ?accident? is defined, namely, from the legal point of view, from the perspective of pure sciences such as engineering, from the point of view of human factors, and from the angle of the technical investigation of the facts. This part also aims at giving an overview on how many Latin American countries address the investigation of aircraft accidents and incidents in their respective codes or acts. There is analyzed the Argentinean Aeronautical Code, the Brazilian Code of Aeronautics, the Aeronautical Code of Chile, the Civil Aviation Act of Guatemala, the Civil Aviation Act of Mexico, the Civil Aeronautic Act of Peru, the Aeronautical Code of Uruguay, and the Civil Aviation Act of Venezuela. The second part deals with the analytic aspects of legal constructions connected with accident and incident investigation. Among them, is assessed the binding value of the technical Annexes elaborated by ICAO; the use of the final technical report by Courts to apportion blame or liability; and different concepts of privileged information and confidentiality as well as their application in accident investigation. The third part draws up a ?probable conceptual map? showing the complexity of legal and technical interests as well as the borderline between independence and necessary cooperation within the framework of an efficient investigation.