github-actions[bot]
commented
1 year ago Good afternoon, ladies and gentlemen, good afternoon,
directors, ma'am on the motorcycle, Mr. Gustavo
Albuquerque It's 3:15 pm on
August 15th, with a
quorum verified, we start the
twelfth deliberative meeting of the
2023 ANAC Collegiate Board of Directors.
Appreciation of the
collegiate board, please, ma'am, the
summons for the processes,
thank you, I'm already present Good afternoon,
everyone, the first item on the agenda of
interest to Samp case de Carvalho
Feitosa and the report of the
deputy director President Tiago Pereira
deals with an administrative appeal in the face
of first instance decision
on the judgment of the infraction notice, the
Chairman will now give the floor to
read the report thank you madam na
mota this is an appeal filed by the
aeronautas San Kids de Carvalho Feitosa
within the scope of the infraction notice
0046 and 2021 of December 6, 2021,
according to the occurrence report
produced by the
personnel superintendence of Viação Civil SPL, the
interested party entered in his
individual digital cive flight log 50
launching of irregular flights,
making a total of
107 hours and 55 minutes of flights, still according
to the report interested party
would also have presented two
statements of instruction and
ideologically false
initially the aeronaut requested the
arbitration Summary of fine however
after reopening the deadline by the
technical area decided regulated by the
presentation of prior defense in which in
brief summary Alleges prescription of the
infractions established of
excessive burden of the fine arbitrated by ANAC
lastly requires the application
of the Institute of continued infringement in the
first instance version, the
application of a fine
in the amount of
83,600 was determined with the restrictive sanction of
rights in the form of suspension of all
qualifications of the interested party for the
period of 20 days in an appeal in
summary, the defendant points out the
excessive burden of the sanctions applied,
requesting that the
continuous nature of the infractions be considered
in addition to the
five-year prescription of the conducts determined,
since the flights would have occurred between 2013 and
2016, which would tarnish his vision the stop
with irremediable irregularities
in the admissibility examination ESPN
provided the tie the
intended reconsideration removing the sanctions for the
two statements of instruction
thus reducing the amount of the fine applied to 80
thousand reais
for the partial reform of the decision was made
possible
was given the opportunity to the regulated new
possibility of statement in short, the
piece maintains the arguments of the appeal to the
board, especially regarding the alleged
prescription of the infringements found and
alternatively the request for the
application of the continued infringement in a new
admissibility examination SPL Maintained the
previous decision in all its terms,
forwarding the claims to this board
after a draw held in the public session
on April 24, 2023, the process was
forwarded to this board for
rapporteurship in the first analysis this
rapporteur identified the possibility of
aggravating the sanction imposed by the
first instance action summoning the
interested party to present allegations
before issuing the decision which was
filed within the
regulatory deadline on June 23, 2023 the
records were returned to this rapporteurship
Here is the report, gentlemen, ask if
you have any doubts or questions.
in a brief summary, the requests for the
declaration of nullity of the
infraction notice due to the
irremediable irregularity due to the
supposed prescription of the infractions
verified, alternatively, requests the
reform of the first instance decision
to see the application of a fine declared
for a single infraction of a continuous nature
the allegations or appellant however in
my view do not deserve deserve to
prosper as the supposed part
deserves the allegations deserve to
partially prosper as the alleged prescription
must take into account that the flights
released in their fingerprints did not occur
soon non-existent facts are ineps to
be used As the starting point for
counting the statute of limitations as the
oldest launch of flights in the CIV, it
took place on October 9, 2019, being
drawn up on December 6, 2021,
two years and two months later, there is no need to
talk about any statute of
limitations related to the present
case
regarding the pecuniary sanction, the
interested party seeks to see the reform of the
decision of the first instance declared so that
the application of Only
One of only one infraction of a
continuous nature is considered when evaluating the reasons for the
appeal with regard to the
pecuniary sanction together with the context of the
present specific case I believe that the amount
currently set at 80 thousand is not capable
of fully achieving the function of the sanction,
in particular because it corresponds to an amount
that may initially be borne by
an individual crew member, in view of this
situation, it is necessary to modulate
a Sanctioning quantum in order to
establish a pecuniary penalty
that reaches the functions for which it was
originally created That is to say that
the infraction committed is proportional and reasonable
in a punished way and to
repress the offender,
I therefore suggest the use of the
mathematical methodology of
exponential decay constant in the article 37b of
resolution 472 to establish the amount
of the fine, I understand that this system
generates a fine amount that is not as high
as originally fixed nor so low
that it improperly stimulates the
launch of irregular flights with
irregular sives in themselves with the application of a
single amount de Samsão proposes, however, that the
calculation of the number of occurrences is
based on the number of hours defrauded, not on
the number of lines or civil registrations.
attesting to the
operability and proficiency of
pilots in flights in aircraft or in
simulators qualified by ANAC, the
disapproval of the conduct of certifying
false operability to the agency in order to
obtain an undue qualification is
therefore mirrored in the number of hours
incorrectly declared to the agency,
it seems to me reasonable and
congruence is maintained proportional equivalence
to the flight records stipulate the number
of occurrences as one third of the
total number of hours recorded in the
adulterated records therefore, with
regard to the calculation of the fine, it remains then to
determine the value of the variable F
provided for in article 37 B of resolution 472,
it is worth remembering here that the interested party
presented the request for
summary arbitration for the calculation of the sanction, having
indeed appeared
in his appeals only against the
amount arbitrated by that agency,
I consider in the concrete case that at no
regulated moment does it present in
conformity with the merits of the infractions
imputed to him, with his manifestation being
restricted in terms of the effective sum
of Life Before Such facts, I consider it
appropriate to apply article 28 of
resolution 472 in the sense of granting a
50% discount on the amount of the fine,
since his appeal asks in
summary the criteria used for
arbitration for such arbitration by the
authority of first instance
according to the understanding already expressed
in the committee of judging instances ctj
since 2021 the summary arbitration assumes
that
mitigating and aggravating factors are not considered, which
makes f equal to
1.85 by the calculation method of the pecuniary sanction
the contract while passengers
entrusting their physical integrity to the
ability of third parties in view of the seriousness of
such an easy situation Mister that the
applicant is a commercial license has
experience compatible with his/her
prerogatives positive situation in the
requirements contained in RBS 61 to
use excused means abundantly
documented in the present case for the
improper use of the prerogative of the
commercial pilot's license
blemishes the integrity of the
Brazilian Civil Aviation system, which requires this
agency and the adoption of the most serious punitive measure
possible, which is the revocation of
all the aeronaut's licenses and
qualifications once
again, I stress the seriousness of the facts
ascertained, which require
additional measures on the part of ANAC, both to
impose a pedagogical effect and above all
to discourage Tais by other
aeronauts, in view of the reasons explained,
gentlemen, I vote for the
knowledge of the appeal filed by the
interested party and in the merit for the reform of the
decision issued in the first instance
in order to set the value of the
pecuniary penalty at
9,713.43
cumulated with the revocation of all
licenses of the interested party and qualifications
endorsed thereon by the 36 conducts of
continuous nature framed in article 299
item 5 of the Brazilian
aeronautical code with the complement in item
6131c53
of rbac 61
is how you vote gentlemen I
ask Now director Luiz Ricardo
how do you vote Good afternoon everyone
Thank you President
unanimously close to the process please
the second item on the agenda of interest to
Ítalo brilliant Lima e report by the
director President Thiago Pereira deals
with an administrative appeal in the face of a
first instance decision regarding the
judgment of the infraction notice.
of
infraction number
001075i 2012 2022 of April 8, 2022
according to the incident report
produced by the
Civil Aviation Personnel Superintendence
SPL interested, inserted in his
individual flight log the digital save 315
launches of irregular flights
making a total of
497 hours and 28 minutes
of flights unduly attributed to his
flight experience, according to the
report, the interested party would also have
presented two
ideologically false statements of instruction whose
issue was denied by the Aeroclube de
Araraquara
continuous act, the aeronaut presented in a
timely prior defense in which
in brief summary It alleges the
excessive burden of the fine
potentially imposed by ANAC and
finally requires the application of the Institute
for the continued application of
the continued infringement, despite the fact that the
first instance authority
took steps with the CP of the
SPL to complement the
procedural instruction, which generated the opening of a
new deadline for interested manifestation,
this time in a timely manner, the aeronaut
presented his allegations before the
decision in the first instance, in
which, in a brief summary, he alleges
the statute of limitations for the infractions found.
in the motivation and alleged
nullity of the high infraction, in addition to the
maintenance of the arguments regarding the
excessive cost and the
alternative request by the Institute of the
continued infraction, in the decision of the first
instance, the application of the
sanction of a fine in the amount of
456 thousand reais
in the form of suspension of all the
qualifications of the interested party for a period
of 40 days, in an appeal to the board, the
defendant points out the excessive burden of the
sanctions applied by the agency,
requesting that
the continuous nature of the
infractions be considered as a criterion for dosimetry of the
fine applied, in addition, it adds the
prescription with five conducts
verified a since the flights launched
would run between 2014 and 2016, which would
stain the top with irremediable irregularity
in the admissibility examination of the
manifestation presented SPL attested the authority
of the board to know the
appeal as well as the legitimacy
and timeliness of the deed even in
relation to the retraction judgment the
Superintendence decided not to
reconsider the decision as it understands that
the request does not present facts that
justify the reconsideration
for the continuation of the feat after the
draw held in the public session on
May 29, 2023 The process was
forwarded to this board for
first-time reporting analysis this
rapporteurship identified the possibility of
aggravation of the sanction imposed by the
adhesion of the first instance, summoning the
interested party to present
allegations before the decision was issued
with all
the interested parties not manifested in the
period on July 13, 2023 the records
were returned to this rapporteurship Here the
report, gentlemen, I ask you if you
have any doubts, consideration or
question
Ok, I'm going to read my vote
the appeals now under analysis in
view of the decision of the first instance
bring in a brief summary the requests for
declaration of nullity of the notice of
infraction on account
irremediable irregularity due to the alleged statute of limitations
for the infringements investigated or,
alternatively, require
the amendment of the Adhesion of the first
instance to see the application
of a fine declared for a single infringement of a
continuous nature, the allegations, in my
view,
of the appellant deserve to partially prosper
regarding the alleged statute of limitations of the facts
determined, it must be taken into account that the
flights released in digital suacivia did not
occur soon the fact therefore the
non-existent facts are inept to be
used as the initial milestone of
counting the statute of limitations as the
oldest launch of flights nassive
date of October 2018 being the
drawn up on April 8, 2022 less than
four years later there is no need to talk
about any prescriptive phenomenon
related to the present case the
appellant argues that the value is
excessively onerous with the potential
to, in his words open quotes, make
the continuation of the
activity unfeasible of the dependent Behold, he reaches
his patrimony discouraging any
activities unquote
yet the appellant addresses the
punitive, repressive and educational purposes that
administrative sanctions must have,
highlighting that the amount under discussion
reveals a confiscatory nature in its understanding
in summary as the
pecuniary sanction seeks interested see
the reform of the decision of the
first instance is declared so that
the application of only one
infraction of a continuous nature is considered in fact
I believe that the value currently set at
456 thousand reais is not capable of
fully achieving the objectives of the sanction
as I have just reported in the
previous process I repeat to the present case the
same methodology for quantifying the
fine, therefore,
having found 155 occurrences one mitigating factor
no aggravating factor the resulting value of the
fine to be applied corresponds to
34,859.72 remembering that the
calculation methodology considers the
amount of every three hours
fraud to be an infraction Finally, an infringement
regarding the applicability of the sanction
of revocation according to the notification of
aggravation sent to the pilot I consider
that the case in question has a high
number of hours
used improperly, which made the
aeronaut obtain a license
for multi-engine aircraft with less than
half of the flight instruction required
for that purpose also mentions the
declaration of false flight experience
supposedly issued by the Aeroclube de
Araraquara that would attest to the
flight instruction given to the pilot, especially for
airplanes.
piloting multi-engine aircraft is
significantly different from aircraft,
especially in
emergency procedures such as feathering the
propellers, remaining engine power management,
aircraft altitude compensation,
aircraft attitude,
emergency approach procedures, among others.
the bureaucratic procedure or
excessive requirement but it contributes
Fundamental pillar for the flight safety of
operations involving multi-
engine aircraft in the face of the presentation of
false documentation to this agency and
prerogative use of flight in multi-
engine aircraft without the cognitive and
psychomotor skills that support such
operations at levels of
acceptable safety, this agency is required to
adopt the most serious punitive measure
possible, which is the revocation of all
aeronaut licenses and the
qualifications registered with them, once
again I emphasize the seriousness of the facts
ascertained that blemish the integrity of the
Civil Aviation system and the
operational safety standards that are dear
to this agency and
Brazilian society on the exposed day
directors vote for the knowledge of the
appeal filed by the interested party and on the
merits for the reform of the decision rendered
In the first instance of fashion to set the
value of the pecuniary sanction at
34,859 Reais
accumulated with the cancellation of all
essences of the interested party and qualifications
to them endorsed by the 155
conducts of a continuous nature
framed in article 299, item 5 of the
Brazilian Aeronautics Code.
I follow the vote of the rapporteur and I would like to
share my astonishment in knowing that
an aeronaut diapers more than 400 hours of
flight in his logbook. I do
n't know how to
show again that we will not
tolerate this type of fraud in the
Brazilian civil version.
accompanies the rapporteur
then vote of the rapporteur
unanimously approved madam on the mota next
process please
third item on the agenda of interest of the
concessionaire Aeroporto Rio de Janeiro
S.A and of rapporteur of the director Ricardo
catenan concerns the
administrative appeal in the face of rejection
of the request for revision of the
concession contract due to
supervening regulations of the
Federal Revenue Service of Brazil, I would like to
inform you that Dr. Felipe Salaté,
representative of the interested party, requested
space for a verbal statement on
this process.
extraordinary revision of the
concession agreement the concessionaire
filed a letter with a request for
compensation of costs resulting from the
adequacy of its computerized control system at customs
in the new
CCT air cargo and transit control
of the Federal Revenue due to
supervening regulation of that
body specifically the points exposed in
the Articles 17 and 18 19 of
Revenue Ordinance 143 of 2022 and Article 20 of
Ordinance 72 of 2022 of the General Coordination
of Customs Administration in Cohana, as a
result of the request received,
Mrs.
normative changes pointed out by the
concessionaire brought innovations in the
requirements related to
customs activities or if they consisted only of
perfective adaptations of the system new
technologies in response Mrs.
clarifications
provided by the Revenue as a result of the
analysis decided to reject the
concessionaire's request in light of the
decision, the concessionaire then filed
the administrative appeal whose analysis
of the request for reconsideration the
technical area concluded that the arguments
presented did not bring
new elements capable of altering the
initial conclusion on the matter and therefore
upheld the decision to reject the
request for extraordinary review,
subsequently this RR sent the
case file to be analyzed by the
specialized federal prosecutor's office at ANAC, which
spoke out against the aspects of
regularity and legality of the
proposed procedure due to the
drawing being held in a public session.
this board's report is the
report
Thank you director
for any questions regarding the report
Ok so now invite Dr Felipe
to speak for a period of 15
minutes
please
Dr Felipe is here at hear me well Dr
Felipe
Ok thank you very much then
please Sir, you have 15 minutes to
make your statement, Your
Honor, President,
Your Excellency, Reporting Director and
the others present Good afternoon, everyone.
My name is Felipe. I am a representative of the
Rio Galeão concessionaire.
oral version of our appeal in a
very brief and objective way But
any doubt or any difficulty
in listening to my audio, your excellencies
can interrupt me, I remain at your
disposal
to start our support for
our appeal,
this excellent case essentially deals
with a situation of fact of the prince right
for us
there are new regulations issued by the
Federal Revenue and these regulations
they change the obligations that already
existed for airport concessionaires to
send data from their
customs areas to the Federal Revenue the
concessionaires obviously always made
this movement they always had Technologies
to send their data from
landlocked premises to the Federal Revenue but in
2022 an advent of these two regulations
the technical requirements for fulfilling
these obligations changed in fact
a series of other requirements were imposed on the concessionaires
to make
this sending of information faster and
more efficient through of the new system
that would be the Api precincts all the
information related to the reception fan
delegate of all the data related to
this would be sent together sent through the
Federal Revenue Portal but for
this communication to be made
more seriously enough especially
for the public power obviously the
Rio Galeão concessionaire had to
make a series of investments in this
project these investments for your
excellencies to have an idea were close to
one million and seven hundred thousand reais the size
was the need to change the
project that existed before, right to
change the software that made this
communication to adapt these new
Federal Revenue regulations and therefore
to us it seems a very
syllogistic question of
fact of the prince that obviously legitimizes
the recomposition of the financial economic balance
of the contract fact of the prince
that foreseen in the article 37 and 21 of the
Federal Constitution in the article 65 item
266 at 8987 and finally also in clause
5.2.2 of the concession contract, which provides
that any technical alteration of the
technical specificities of the
legitimate contract will then restore the
economic and financial balance of the contract,
however, as it was not the concessionaire's surprise
to see that we
A letter from a
Federal Revenue unit was attached to the case file, as
I understood that there was no
financial economic rebalancing of the contract to be
done for two main reasons, the
first of which is that it was not
a new obligation because the
concessionaires have always had this obligation
to carry out data communication from
their customs premises with the
Federal Revenue Service, so there was no
new obligation and secondly, these new
regulations would not have implied
costs for the new concessionaires, in
fact, according to this
Federal Revenue unit, there would have been a
simplification of sending of information and
not a movement to make
this sending more complex, so there would not be a
cost, but a process of
simplifying the systems. There is
no doubt that
concessionaires have always had an obligation
to send information to the
Federal Revenue.
now a much more
sophisticated system a requirement laid down
in the new ordinances of the Federal Revenue
therefore the obligation does not change but there is
a movement to change the
technical requirements for compliance with these
obligations which enters Precisely in
clause 5.2.2 of the concession contract
which as I already mentioned that any
change in the technical requirements for
fulfilling obligations legitimizes the
recomposition of the economic and
financial balance of the contract. Secondly,
there is a great impact on these
obligations.
for 1
million and 700 thousand reais, we even included
in the case file a report made
by an external company, a ceidor company,
which listed all the changes that
had to be made in the concessionaire's software
so that it could
adapt to these new
Federal Revenue requirements and it was found that
Basically nothing from the old system could
be used everything had to be
renewed it is a system the current system
it has already been implemented the dealership
is already using it the current software
it is much more modern it is already in
operation and it is completely different
from the previous one, so it was a
substantial investment. And besides, this is
recognized by the revenue itself because,
in fact, over the years, the
revenue itself has published
a series of news on its related portal and the
concessionaire adds this to the highs of the
process, it is also a series de Notícias
talking about everything that would have to be
invested by the concessionaires to
adapt to the new technical requirements,
therefore, the revenue itself recognizes that
there was a substantial technical change
in the way these as this system
should send your
data of your Customs enclosures
to the Federal Revenue and to
walk there already towards the end excellences
the concession contracts this is
important to note the
concession contracts are long term contracts
they last 10 20 30 40 years and it is natural
that within this perspective the
public interest changes the technologies change that is
indisputable and it is natural that the
concessionaires have investments to be
made aimed at this exchange of
public interests and especially
new technologies the technologies of
now are undoubtedly different
from the technologies of 10 years ago
so it is under discussion in the
present if it is not whether the concessionaire
owes these determinations to
the Federal Revenue or not, the
concessionaire has already invested and it has already
expanded what is being discussed is precisely the
counterpart so once having
made high investments it is natural that
any company needs to recompose
its the balance sheet needs him to recompose his
activity to make sense of these new
costs which were quite
substantial costs as I said, approaching
one million and 700 thousand reais and to
close the concessionaire he also does not
shy away from eventually discussing
these values or how this impact
can be lessened the issue in the present
case is that at the height of the process,
the financial impact was not even discussed, nor was it
discussed whether the
values would be a humiliating 700 thousand or
would they be higher or lower, nor did it
reach this stage of the process. the
process simply stopped in the
serious discussion it is a new obligation if it was a
previous obligation and for us this is
a completely outdated issue it
is not an obligation
it is new technical requirements and they
have already been met so the
concessionaire is now entitled there is something that
is to restore the your billing as a result of
this and these investments
are substantial, especially as we
know there in a context in which the
concessionaire has just left a
rebidding process and everything is being
done so that the financial health of the
concessionary project as a whole is
reestablished, therefore this and
other demands of Equilíbrio these and
other impacts they need to be
discussed in great depth in
order to maintain the economic and
financial health of this project
I thank you once again for everyone's attention and
presence and we reiterate
our requests that the resource
good
afternoon everyone and I remain
available for any
clarifications or doubts
thank you for the manifestation Dr Felipe I
ask that you remain and before
passing the floor by director Ricardo
katanan
in [ __ ] to the other directors including
director Ricardo if anyone Do you have any
questions or need
further clarification with Dr Felipe salatê
no ok then director Ricardo katanan
please have your vote
Thank you as stated a Board report this is an
administrative process arising from a
request by the Galeão concessionaire
for cost compensation arising from
the adequacy of its computerized customs control system
in the new
control of air traffic cargo of the
Federal Revenue of Brazil, according to the
concessionaire, such equation was
necessary due to supervening regulation
of the revenue More
specifically provided in articles 17
to 19 of ordinance 3 of 2022 and article 20
of ordinance 72 of 2022 of the
Cohana General Coordination regarding the use
of the application,
the concessionaire alleges that the costs of the
modifications brought about by the regulations
must be borne by the
granting authority and respect for clause 5.2.2 of the
concession contract, especially the
costs due to the obligation to send
the information to the revenue through the
concessionaire enclosure module also states that the course
for adaptation was 1 million 393 thousand and
five reais and updated value with
monetary correction by the IPCA
coincidence of discount rate of 9.08
response in the annex to ANAC resolution 528
of 2019 would then reach the final
balance value of one million
729,647 having as a base date and September
2022
as a form of Balance the
concessionaire requested the change in the
value of the tariffs or the revision of the
monthly contribution or fixed contribution
to the system owed by the concessionaire as
a result of the lawsuit, the HR sent it to
the revenue office questioning the provisions of the
articles of ordinance 143 and ordinance 72
brought innovations in the requirements
related to customs activities
or if they consisted only of
perfective adaptations of the system to new
technologies in The revenue's response
stated that the requirement for a
surveillance monitoring system for
premises and a computerized
Access Control System for people and
vehicles, cargo handling and
storage of goods stems from the
principles that have been present in the
legal system since October 3,
2011, date of entry into force of
revenue ordinance 3,518 of 2011 the
revenue stated that ordinance
143 of 2022 which revoked ordinance 3518
did not bring a new
legal obligation related to
surveillance systems integrated monitoring of
Customs control so that such
Norm only established that the
information on operations for
moving and storing cargo,
goods and merchandise, including those
intended for industrial transformation or the
provision of services and on
operations for entry, exit and
permanence of vehicles of people must
be collected, stored and transmitted
to API premises of the Single Portal of
foreign trade of the integrated
foreign trade system
in the form established by COANA, the
recipe highlighted that the
previous regulation of 2011 already obliged local and
recent companies to transmit in real time the
revenue of images and data from the
monitoring and Surveillance system, in addition to the
requirement to keep the files for 90
days
also since 2011, it was already mandatory
for the places of bonded enclosures to have
a
computerized access control system
for people and vehicles operating uninterruptedly,
providing images and information
instantly via the internet in
real time with access to revenue
in addition to revenue still pointed out that the
new regulations
facilitated the provision of
information and reports to that body
by The Sims in customs, as well as the
elimination of annual and
mandatory audits in the systems, which
required the hiring of
Expertise companies, resulting in a simplification
and update of infrastructure and
equipment required for control
finally, the revenue stated that in
relation to the computerized system that
allows remote physical verification of
goods with the recording of images and
voice communication, this is an
operational technical requirement that
was not foreseen in the previous legislation
under analysis
clarifications of the Revenue and concluded
that articles 17 and 18 of ordinance 143 did
not bring additional obligations or
essentially different from those already
in force regarding the integrated
surveillance and monitoring system
of Customs control, but
only established a new way of
collecting, storing and transmitting
information to it related in line
with the technological update, you
understood that the adoption of equipment and
software necessary for the provision
of information and images was already
known to customs recipients
since 2011 and that it was to be expected that,
due to the nature of these resources,
necessary updates would occur
over time, in this way, the lady
decided to reject the agreement due to the
lack of classification in the hall of
risk borne by the granting authority
with regard to the obligations of articles
17 and 18 of ordinance 143, as well as these
two of Pará of the first article of
ordinance CONAMA 72 of 2022, as they
would be pre-existing obligations to
carry out the auction at the
International Airport of Rio de Janeiro already
provided for in the previous regulation
in relation to the obligation to maintain a
computerized system that allows
remote verification of goods brought by
article 19 of ordinance 143 A This is
recommended the presentation of a new claim
to demonstrate the
financial impacts suffered by the concessionaire
on this specific point, if
deemed relevant in the appeal
filed by the concessionaire, it was
satisfied with the fact that it
fully accepted the arguments
brought by the Revenue, deciding for the
rejection of the claim for balance
without the concessionaire being able to
contest them additionally the
concessionaire stated that the obligation
to maintain a monitoring and
surveillance system for the premises and a
computerized access control system for
people, vehicles, cargo handling
and storage of goods is not the
object of the claim the object of the
second concessionaire client refers to the
development of integration between the
internal control systems and the
revenue API finally reiterates the argument
that the recent API did not exist until the
publication of the 2022 CONAMA ordinance in the
analysis of the appeal Mrs. that no
new information was brought there capable of triggering the review of the
conclusion due to the rejection of the claim the
technical area argues that the
modernization does not eliminate the
prior and continuous obligation to maintain a
monitoring and Surveillance system of the
premises and computerized systems to
control access of people vehicles
cargo handling and storage of
goods even more sri points out that the
concessionaire refrains from considering
in its claim the savings that
will result from the modernization of Such
systems as the elimination of
annual audits is mandatory which
required contracting of
Forensic companies resulting in a simplification
proceeds mental before forwarding
for deliberation in the board, the lady
submitted the evaluation process of the
federal attorney's office to ANAC, which
manifested itself pointing out the regularity of the
procedure adopted by the lady in that
same opinion, the attorney's office points out
that the president of the collegiate board
indicated in the concessionaire's appeal in
that there was a reform of the first
instance decision to define the
rebalancing claim that discusses
technical innovations brought by the Revenue Service refers
to the factual and normative situation different
from that analyzed in these records
in view of the information provided
by the concessionaire by the Revenue Service and the
analysis carried out by the Mrs.
that in fact it would be unreasonable to assume that
a computerized data transmission system
remains unchanged
throughout the life of the concession contract.
reasonable to assume that such
cost falls within the contractual risk matrix
in favor of the granting authority,
thus being before All of the above
Based on the content of the High votes I vote for the
knowledge of the appeal presented by
the Galeão concessionaire to
deny it on the merits maintaining the decision
of Mrs. in relation to the rejection of the
request for extraordinary revision it is like
votes
Thank you for the vacuum thank you for the
direct vote Ricardo katananar director Luis
Ricardo how do you vote
if the president due to the complexity of the
subject and to understand a little more
really that there was a change proposed
by the Revenue and that may impact even
how well it was put by the
reporting director due to some savings
that may be happening at the
dealership I would like to ask for
views of this process to have more time
for us to analyze and, if necessary,
even talk directly to the
dealership doing something a
diligence something like that to be
able to present this ministerial vote in the
shortest possible time Ok request for a view
granted noise director Luiz Ricardo
Nascimento
Thank you Dr Felipe for the explanation
the lady on the bike call for the next
process please
the fourth item of the paw of interest of
Matheus Camargo Menezes dos Santos and
director's rapporteur Ricardo katanan
deals with an administrative appeal in the
first instance decision phase
regarding the judgment of infraction notices,
director gives the floor to read
the report
Thank you this
is an administrative appeal
filed on behalf of Mateus Camargo
Menezes dos Santos against the decision of the
first instance regarding the infraction notice
782 of 2020, which imposed a fine
in the amount of 2,800 for the conduct
typified in article 299, item 5 of the
aeronautics code and suspension of the
technical qualification certificates of the
interested party for a period Within 60 days, the
interested party was notified of the
assessment and filed its due defense
as of the entry into force of
Resolution 581, the judgment of the case
became the responsibility of the SPL, in a
first instance decision,
the referred fines and
suspension of the technical qualification certificate were arbitrated
the interested party who was notified of the
decision filed an
administrative appeal, this appeal was
first evaluated by the
Second Instance judgment advisory, although there was an
opinion that seemed to
recommend reducing the
pecuniary penalty, it was observed that the board of directors would be responsible for the
first instance after assessing admissibility
ESPN instance analysis of the appeal a
thus concluded for the admissibility of the
appeal suggested a reduction of the sanctions
imposed in its first
instance tension to a fine in the amount of
1,600 accumulated with suspension for a
period of 40 days of the
technical qualification certificate of the interested party
due to draw came the games of the
rapporteurship of this board during the
analysis of the process it was verified the
existence of another notice of infraction
associated to the same regulated number
783 of 2020 in the records of the process
00065-013763 of 2020 being thus after
consultation with the other directors promoted
its vocation of this process and the
negotiation to the present were brought
to the process copies of the
relevant documents of the continuous attached process
the interested party was requested to notify
about these last
events and the possibility of aggravation
of the penalty as in response to the
interested notification presented the request for
administrative challenge being so
the records returned this board
process was withdrawn from the club there are some
opportunities and deadline extensions were
requested it's a report
thank you direct Ricardo is more directors does
anyone have any questions question
me also no please director Ricardo
vote
in accordance with the above a report I
deal with the present case of two
infraction notices 782 and 783 judged in the first
instance separately, gathered by
this board for joint analysis
in accordance with Article 13 of Resolution
472, in both cases the interested party was
punished for an attitude covered by Article
2995 by providing inaccurate information or
altered both in his
digital Civic individual flight log with
instructional statements In both
original appeals of the processes
concerned, he alleges that the agency is
imputing alleged fraud only because
the records do not exist in the
aircraft logbook, something that would not be of its
responsibility I
reinforce what has already been submitted to the
interested party when notified of the
grouping of processes and the
possibility of aggravating the sanctions
and points out that in its Defense resources it
reinforces the position of karna that is
based on an infraction only in the absence
of registration in the logbook Despite
this document constitutes
sufficient evidence to demonstrate that I will
not exist notified certainty that the
occurrence report cites the process
00065.003629 of
2020-17 this process Which Mr. The
case of Mr. Matheus is not an
isolated fact, but one of several pilots who
declared flight instruction with Mr.
Francisco Costa de Souza Júnior. The
form brought
seems to process documents that
demonstrate that, in addition to the
ANAC logbook, it has evidence of the desert and
the desert records are harmonious
with the logbook
in its final arguments in response to the
notes presented here, the interested party
does not contest any of this evidence,
just reinforcing that received due
instruction as released in
digital size, therefore, it considers that the
facts already mentioned and not refuted are
sufficient to remove doubts about
fraud in the same final allegations, the
interested party argues that there is no need to
speak of aggravation of sanctions since
there was no knowledge of any another
fact or reason that could modify
those already known, but article 64 of
Law 9784 is clear in saying that the
contested decision can be aggravated
with reason, requiring
prior notification of the interested party, which
was done in this case in the first place, a
reinforcement that I have always been expressing the
aviation security is based on the entire
system of objective good faith with duties
of loyalty, transparency and collaboration
in which trust in
licensed professionals is fundamental.
night instrument flight training the commercial pilot license
requires, among other requirements, 5 hours
of night flight and 10 hours of
instrument flight instruction, five of which
can be in simulated flight, the
instrument flight qualification requires, among
other requirements, 40 hours of
instrument flight of which twenty may be
unstimulated because focusing on the
instrument flight instruction
excluding the fraudulent hours the pilot
would have only one hour and 30 minutes of
ifr flight training before his
check
this represents only 7.5 % of
flight experience required by
regulation for an
instrument rating so it goes without saying that it
was a small part of your training
the importance of such training for
low visibility conditions cannot
be minimized to the extent that the
instrument rating allows flight in
conditions of absence of
external references such as in low
visibility the greatest risk in these
situations is a known fact in the
industry entry-related accidents
in
instrument flight meteorological conditions flying under
visual flight rules has a
rate of 86% fatality. with a
third of the pilots involved being qualified
for instrument flying,
so it is clear that a pilot who has
not completed even 10% of the
mandatory training represents an
unacceptable risk, this only softens the fact that
in the same process he obtained his
commercial flight license. could put
paying passengers in addition to
people on the ground at risk, taking into account all
these facts, consider that the accused
committed Fraud in documents to an
extreme degree, which also demonstrates a lack of
professional competence in the sense of
not being worthy of the trust necessary
for Aviation safety Civil,
all of this justifies the adoption of an
administrative measure proportional to the
ascertained findings and annulment
in accordance with resolution 472 when
applying a suspension or
annulment sanction, the seriousness
of the verified Facts will be considered and the
existence of practices or circumstances
that evidence a violation of the duty of
good faith loyalty that governs the relations
between administrator and administration, as
in the present case, given the seriousness of the
Facts and the disrespect for the norms issued
by ANAC for the preservation of
flight safety, in addition to the express violation of the
duty of loyalty good faith by the
regulated party understands -whether it is necessary to
apply a more serious Samsão, which
is the revocation of the licenses and
technical qualification certificate of the
applicant regarding the act of
infraction 782 this board faced
questions about the relationship between
accidental and statement of instruction
recently in its twenty-third
deliberative meeting in case
00656398 2019
at that time, therefore, the case
deals with a situation similar to the
aforementioned case, therefore, I understand it
necessary to remove the sanctions
imputed to the conduct provided for in the act
of infraction 782 of 2020 regarding the amount
of the fine applied to the decision at the first
instance appealed imposed a fine in the
amount of 43,200 resulting from the
multiplication of the value of 1,600 the
minimum amount of the fine applicable for an
occurrence by 27 volts following a
previous decision since the collegiate proposes that the
number of occurrences to be
used in the calculation of the sanction is not
based on a release number
nassive but that the incidence of the infraction
calculated Based on the continental number of
fraudulent hours, it is in this dimension of the
infraction that the reprobability of the
conduct lies, so in the present case the 27
flights represent
hours and 54 minutes applying the criterion
of occurrences as a third of the
amount of hours defrauded there are a
total of 11 occurrences observing the mitigating
aggravating factors I see that where the
meetings in the two decisions of first
instance regarding the application of
aggravating circumstance relative to
obtaining for oneself for others the
advantages resulting from the infraction one
of the decisions removed such aggravating factor
based on an administrative summary, as it
understands that the application of an
aggravating factor would not apply when the circumstance is
inherent to the infraction. This is the
understanding that has been adopted by the
board in recently judged cases.
relative
non-existence of application of penalties
from the last year applied in both
first instance decisions to
consider the reasonableness of the
pecuniary sanction imputed thus
pertinent game also to adopt as parameter
of 12metry the exponential formula already
present in the resolution 47 2/2018 in its
article 37 B in line with
previous decisions of this collegiate, it is
also adopted for the calculation of the
average single fine of 2,800 and invoice F in the amount
of two considering the existence of a
mitigating factor, with the final value of the fine
being applied at 9,286 reais and 55
cents so before All exposed
and Based on the content of the two
records in question I vote for the knowledge
of the administrative appeals
presented by Mr. Mateus in the
records of the processes already mentioned
gathered for the joint judgment and on the
merits for the reform of the decision of
first instance to file the notice
of infraction 782 2020 as well as the
reform of the decision of the first instance
is the one mentioned
6376650 to apply a fine in the
amount of two
9286 of 55 cents combined with a sanction
restricting rights in the form of
revocation of all its licenses and
qualifications for driving a plane
prohibited with validation of any
licenses and aircraft qualifications obtained
abroad is like votes
Thank you for your vote director Ricardo
katanan director Luiz Ricardo how you vote
vote with rapporteur director Rogério
Benevides how you vote with rapporteur I
also vote with a rapporteur whose vote was
then unanimously approved Ceará in the
mota
of interest of Gabriel Alves Fonseca and
of rapporteurship also in the director Ricardo
catenan deals with administrative appeal
in the phase of decision of first instance
relative to judgment of notice of infraction
another word director for the reading of the
report
Thank you
treats It is an administrative appeal
filed by Mr. Gabriel Alves
Fonseca at the stage of the decision of the first
instance regarding inflation
Drawn up by the superintendence of personnel
of Civil Transport due to 65
flight entries in
individual digital flight log without
correspondence with the respective
logbook or statement of annual
aircraft maintenance inspection the result the
interested party pardon was summoned to
comment on the assessment through a
prosecutor and presented prior defense the
SPL decided in the first instance to
impose a fine of 104 thousand reais
corresponding to the multiplication of 65
occurrences by the minimum individual value
of 1600 considering a
mitigating circumstance and no aggravating circumstance as it
actively decided to apply the sanction of
suspension of all qualifications for
40 for 40 days
notified of the decision the interested party
filed the administrative appeal in the
admissibility analysis the espl did not
exercise the judge of reconsideration however
admitting appeal to the collegiate board
without suspensive effect corroborated by the
advisory for the judgment of the records and
Second instance due to the drawing of lots
came the records to the rapporteur of this
board in view of the possibility
of aggravation of the punishment the assessed person was
notified again, having become
aware of the notification, presented
his final allegations in attested to the
timeliness of the manifestation and the
fulfillment of the
admissibility requirements returning the
board audios is the report
Thank you director Ricardo katanan my
director of any doubts any
questions regarding the report
I also do not have please director
Ricardo vote in agreement with the husband of the
report the present case deals with a notice
of infraction in favor of the interested party
for having been used flight hours and
regular hours for the granting of his
commercial pilot license, the
alleged two flights were carried out on an aircraft
registration Papa Romeu romeu a tango,
totaling 3 hours and 63 E apologies and 63
flight on an aircraft registration Papa
Tango and Índia Charme November
totaling approximately 156 hours
for which no correspondence was found
with the respective
logbook or declaration of annual
maintenance inspection of the said aircraft the
pilot authorized in his manifestations does not
dispute the evidence that pointed to the
existence of flights in his defense he
admits the launch of
non-existent flights on his digital network,
claiming that they were mistakenly inserted
only due to
questions regarding the formality of the
Files, that is,
the undue launch of flights not
carried out was proven in the file in being digital by the
interested party, being uncontroversial the sending
of inaccurate information ANAC in this
aspect I agree with the first
instance in the sense that
the reasons of the interested party are unfounded
are present in the file all the
elements of validity foreseen in 472
with the corresponding evidence attached
to the file with Clear and objective
indication of the fundamental facts that
demonstrate the correct assessment in its
final allegations interested parties argue
that there is no need to talk about aggravation
of sanctions since there was no knowledge
of any other fact or reason that
could modify that already known in
article 64 of the Law 9784 is clear in exposing
that the contested decision can be
reasoned with, only needing the
notification of the interested party that was done
in this case
as it has already been and I have been pronouncing it is good to
always mention several other processes I
reaffirm that the safety of civil transport
is based on the entire system in objective good faith
with a duty of loyalty
transparency and collaboration in which
trust in licensed professionals
is fundamental In addition, I consider it
essential to discuss the seriousness of the
concrete case that, analyzing the frauds under
discussion, affected the ability to
comply with the
flight experience requirements at the time of
upon granting of his
PCM license the pilot completes only 88 hours out of the
200 total or 150 total if completed
entirely in the
commercial airline pilot course 33 of the 100 hours in
command or 70 of the total if completed
entirely in the
commercial airline pilot course and 14 hours of the 20
hours of navigation as pilot in
command, it is no coincidence that the granting of
a pilot license requires the
fulfillment of flight experience requirements
this experience is essential
to guarantee the safety of
air operations as pilots with greater number of
flight hours have the opportunity to
face a wider variety
of situations developing
crucial skills for decision making and
problem solving in
real conditions through this practice they
become more prepared to deal with
unforeseen adverse weather conditions
and emergencies which
significantly contributes to the safety of
flights in addition to ensuring safety,
flight experience is also essential
to develop the ability of
pilots to deal with the pressure and stress
associated with the cabin environment.
pilots acquire the necessary calm to
face challenging situations dealing
with different scenarios and
flight conditions provides pilots with a
diversified exposure including voice at
night in
degraded conditions which contributes to the
formation of more complete and
skilled pilots another important aspect is
that the flight experience enhances
pilots' communication skills
an essential skill to ensure the
safety of air operations during
flights pilots interact with
air traffic controllers,
cabin crew and other
staff members and this interaction contributes to the
development of
communication skills in an environment aeronautical
In addition, this practical experience is the
opportunity for pilots to
acquire a deeper knowledge
of the aircraft with which they
are licensed to fly, going beyond
theory, allowing them to better understand
the performance, limitations and systems of the
aircraft, taking into account all these
facts. the accused committed
Fraud in an essential component of
pilot training, which may have
compromised his own preparation and
ability to face the challenges and
guarantee safety in operations,
putting the lives of third parties at risk.
necessary in the
Civil Aviation system, as provided for in
resolution 472, when the application
of suspension or cancellation will be
considered the seriousness of the
verified Facts and observing the existence of
practices or circumstances that
demonstrate the duty of
loyalty and good faith that governs relationships
between administered and administration
regarding the restrictive sanction of rights the
decision In the first instance appealed
decided to apply punitive suspension of
all qualifications of the interested party
for a period of 40 days
however, given the
seriousness of the present case, it is understood that
the application of More burdensome Samsão is necessary
regardless of the revocation of the
licenses and
technical qualification certificates of the
applicant regarding the pecuniary increase the
decision In the first instance
appealed also imposed a fine in the amount of 104 thousand
reais.
that the number
of occurrences to be used in the
calculation of the Ascension is not based on
the number of launches in the Civic but that the
incidence of infraction is calculated
Based on the number of hours
defrauded given that this dimension of the
infraction that resides in the disapproval of the
conduct thus relevant also
adopting the
exponential formula already present in 472
37b as a parameter of twoimetry applying the criterion of a number of
occurrences with the text of the number of
hours defrauded rounded up
there are 54 conducts
considering the existence of a
mitigating circumstance the factor F was
calculated in two applied on the
average value of the fine for the
infraction type of 2,800 resulting in a
fine of
20,575.71
thus being before All disposed Based
on the content of the High vote for the
knowledge of the appeal presented by
your Gabriel Alves Fonseca and on the merits
for the reform of the first
instance decision for the imposition of a fine in the
amount of
20,575.71 accumulated with the restriction of
rights in the form of the revocation of all
its licenses and qualifications to
drive an airplane prohibited with validation
of any licenses and
airplane qualifications obtained abroad is like vodka
Thank you director Ricardo catanduá
director Luiz Ricardo as you vote I follow the
vote rapporteur director Rogério Benevides
as you vote with the rapporteur I also
follow the rapporteur's vote which was
then unanimously approved
if I am an item on the agenda of interest
to Silvio natal formel and
also the director's rapporteur Ricardo katanan deals
with an administrative appeal in the face of a
decision at the first instance regarding the
judgment of the infraction notice,
he takes the opportunity to inform that Dr Célio
Rodrigues, representative of the interested party,
requested space for a
verbal manifestation on this process,
however, we read the report
in favor of director Ricardo katana
thank you
for the superintendence of
operational standards due to 188 entries
in individual digital booklet with
information or data, the
right of defense was assessed, and he
exercised it under the terms of the documents
attached to the file due to
changes in the
skin that identified the need for
validation of the
infraction framework pointed out at the top of the infraction
and in this sense again notified the
interested party considering granting him an
additional period for possible
manifestations in which there was no new
manifestation of the acted in sequence the
splê decided in a first
instance degree for the imposition of a fine in the
amount of
300,800 corresponding to the multiplication
of the 188 occurrences for the amount of 1,600,
which represents the minimum level of the fine
applicable for one occurrence, the wait
also decided to apply the
suspension increase for a period of 40 days after the
decision was taken and the respective communication was
presented an appeal was presented to the board in the
admissibility analysis, the espl
concluded for the admission of the appeal with
everything It maintained its decision in such a way that the
records were forwarded for
distribution to the board and after luck,
the report of this board had the records
an initial analysis evaluated the
seriousness of the facts contained in the records
the possibility of application was identified
of Sansão more serious so
it was notified again interested for
manifestation expired term and without
manifestation of interested came the
records for final analysis is the report
Thank you director Ricardo now I invite
Dr Célio Rodrigues to manifest
for the period of 15 minutes
doctor Célio Rodrigues can us
listen
with you I hear well I see you well
so the first Excellencies chairman
and debaters we are here in
two processes today starting
with one of Silvio Commander Silvio
is the case of Silvio has nothing
new in relation to what has already been
dealt with athlete in our office with
part of the nac due to the jurisprudence that you
have adopted what calls our
attention
in this case is that a request from our
defense would be the reformulation of the modulation
in relation to the application
of the exponential formula that
has already been used in the cases
similar already on that same date
mentioned
and because our Silvio or Silvio
pormel he doesn't have him retired, right, no, it does
n't match, it's not proportional, it's the amount
of the sanction with what he can,
checking income, so it wouldn't be
appropriate to punish
the person, right? the personality
and at another time the defense also
throughout the Defense right We requested
that after consideration
by the ANAC
of the amount that was
asked if it could then grant the
50% discount to that Initial discount
despite not having accepted it right the
non-litigation but I believe it is
relevant Because once the
amount is questioned and that is in
fact with the injured, a different analysis
of value could the administrator have a
first moment, right, but incipient
maybe it is as arbitrated and agreed with
a one lower value,
so there is no need for
the process to go this far, so the
defense is restricted to these two these
two notes, but for both in
terms of the amount
and unfortunately, for the commanders
who have been adopting these sanctions, we
already follow that the penalty of
revocation of all qualifications has
been used
the only manifestation in this sense that the
defense can make is to recall that
justice, right, and the judgment has to be
given on a case-by-case basis, right As much as there are
precedents that there are similar cases
on the side of each month we see people right
people who have
other motivations for a certain effect
right or because they did it in the case of
Silvio he even has an aircraft right
he flew it after
all his work
an experience superior to that
questioned but
we agree with a reprimand to
more appropriate time depending on the person and
maybe some time for Adjustment of
Conduct in the ways of Article 13
just remind me of the law in addition to the autarchies
right that it allows the
collegiate audit only you they can
do that adjust the conduct of the regulated
because the penalty of impeachment, however
plausible it appears to be in many
cases, it is even some we agree
in other more particular cases.
of aviation
because the annulment ends is the end of the
code crack of other null words
so maybe a reconsideration
request for a view to be able to change or
alter a systematic that
you have adopted that for some crew members
keep him away from aviation and good
crew likewise we will
mention it soon,
maybe this would be our position,
our last claim before the ANAC
so I'll stop here and make me
available for any
additional clarification the defense is
restricted to these procedural issues
your word to the CEO
Thank you Dr. Célio Rodrigues
Please, you're going to stay for the
next process, right?
lawyer interested
not in my part either then
please director Ricardo your vote
Thank you, as explained above, I deal with
this infraction notice process in
favor of Silvio for having been
used irregular flight hours
for the granting of
agricultural pilot qualification and commercial pilot, the
interested party would have recorded 188
flights in his
individual digital flight log with
information or data untested at the level of the
first instance judging technical area
concluded by proving the
practice and decided to apply an
accumulated fine of the concentration of
suspended pilot assessed in his
manifestation and seat of appeal
request for singular infraction for
all entries
in its appeal.
which the
pilot was also aware of and
manifested himself and identifying that the flight
that the aeronaut claimed to have been
carried out on the aircraft registrations
Papa Tango Hotel Papa Tango and Papa tango
November Marte Juliet do not have
correspondence in the logbooks of the
respective equipment
made available by ANAC its
operators and others, it was observed that the
aforementioned non-existent flights were
deliberately used by the
applicant within the scope of the processes for
obtaining a paid qualification and
PCM license, that is,
the undue launch of flights not carried out was found to be proven in the case file
against the sending of
sunk information the interested party's reasons are
present in the file all the elements
of validity provided for in resolution 472
with the corresponding evidence for the
investigation of the case with the clear and objective
indication of the Facts and
legal grounds that demonstrated the correct
action in relation to the restrictive sanction
of rights, I understand that the
40-day suspension applied by the first instance
is insufficient in view of the infraction
committed by the pilot, it is
observed that the high number of hours
entered improperly by nascive was
used to obtain a
paid license and PCM license, as well punctuated
by the technical area in the decision from the first
instance it is clear that
flight experience is one of the essential requirements
that must be proven for the
granting of a qualification or license
by ANAC without the proper
flight experience the period the pilot pardon puts his
own life and that of
passengers at risk from the aeronautical community and
third parties,
I also emphasize the sensitivity of
conduct involving the provision of
inaccurate information to the agency with the
commitment of the trust necessary
to guarantee adequate conditions for
maintenance and promotion of proficiency
of aeronauts, as well as the
safe conduction of operations and controls
inherent to the complex Civil Aviation system
reinforcement of the position that
aviation safety is based on
a whole system of objective good faith with
duties of loyalty transparency
collaboration in which trust in
licensed professionals is fundamental
given the seriousness of the present case
I understand it is necessary the application of
Samsão More burdensome which is the revocation
of the licenses and
technical qualification certificates of the
applicant regarding the pecuniary penalty the
decision In the first instance appealed
also imposed a fine in the amount of 300
1800
however if reasonableness is considered
following previous decisions from the
collegiate proposes and the number of
occurrences to be used in the calculation
of the Ascension is not based on the number
of entries in the civ but that the
incidence of infraction is the infraction
is calculated Based on the number
of fraud hours given that it is in this
dimension that is of inflation that resides the
disapproval of the conduct thus rejects
the request for the application of a single fine
pleaded and relevant game also
adopt with parameter of 12metry the
exponential formula already present in
resolution 472 in its article 37 B so
in the present case the 188 flights represent
341 hours and 38 minutes applying the
criteria of occurrences as one third of the
number of hours defrauded,
rounded up, there is a total
of 114 conducts. An
average single fine value of 2,800 and an F factor
of two is also adopted for the calculation, considering the existence of
a mitigating factor having the final value of the
fine to be applied at
29,895.82,
therefore where all post and Based
on the content of the Altos I come back for the
knowledge of the administrative appeal
presented by Mr.
Sanction of a fine in the amount of
29,895 and 82 cents accumulated with a
restrictive sanction of rights in the form
of the withdrawal of all licenses and
qualifications for driving an airplane
prohibited with validation of any
licenses and airplane qualifications obtained
abroad.
vote was approved So,
unanimously, the next process is the time for the
note
of interest by Lucas Delgado Fernandes
and the report by director Rogério
benevidez and deals with an
administrative appeal in the
first instance decision phase regarding the judgment
of discharge of infraction, he takes the opportunity to
inform that Dr Célio Rodrigues, who
is already here with us, also representing the
interested party, requested space for a
verbal statement on this process.
However, we proceeded to read the
report.
of Civil Aviation derived from the
insertion of flights in its CIP without
having any connection with the
Diaries of the respective borders
Aeronautics in summary after verification of
possible irregularities instructions
led to the technical area found that 81
flights launched in the Civil Aviation of the applicant
used to obtain of the
commercial aviation pilot license and
authorization to fly by
airplane instrument were not related to the
logbook of the aircraft
Juliet Papa tango gulf of mal in its
initial defense the pilot claimed in summary
that there would be a connection with the discharge of infraction
number
001621/2020 Who invented the punishment in the
two processes implying
that the fact that the process of granting
licenses and qualifications has taken place in
2016
would prescribe to belongings the
punitive claim that the agency would be
demanding from the pilot the production of
negative evidence incompatible with the reality of the
sector and that alternatively was
applied to the Institute of the
continued infraction to the case after the manifestation
of the other side was as validated or
framing of the conduct and promoted
new notification of the interested party for the
manifestation the defendant presented
complementary defense reiterating the
previous arguments in the sequence
survives decision of first instance
in that the Defense's theses were
examined but fundamentally
rejected, which resulted in the application
of suspension penalties for a
period of 40 days and a fine in the amount of
129,600 considering the occurrence of 81
in fractions related to filling in
the Cívico not confirmed in an
appeal to the board allegations were launched
that a new one would be necessary
with validation of the capitulation attributed to the
conduct he that and that the non-application
of the Institute of the continued infraction
would imply violation of thanos of
proportionality and reasonableness the
appeal was admitted by ESPN that
upheld the original decision and in the on
June 19, 2023 The process was distributed
to the report of this board on
July 3, 2023, based on the
initial analysis, I identified that the dosimetry of the
suspension penalty was based on the
provisions of resolution 472/2018, out of
step with the understanding already
consolidated in this test board regarding
the application of resolution number 25
due to the date of the facts as
consequences on the other side for the
science and demonstration what was operated
against the courses within the deadline without
presenting a manifestation is the
report Sir
Thank you very much director Rogério Benevides
before moving on to Dr Célio asks
the directors do you have any doubts or
questions regarding the report
?
you, they consider a different fact
more punctual and it is the age of the crew member,
commander Lucas,
the commander at the time of the infractions,
under 21 years old,
we even claimed prescription at the first
moment, right, and because of three months it
was not properly assured
but with 21 years old
with
such a high value in the autarchy with a
federal body we know the course of a
tax enforcement process
is practically impossible 21 years old at the
time of the Facts Today he is 27
so it is impossible for Lucas
the end because the value
cannot be supported and this situation
of seeking
insurgency ends in some cases As it
has already been
repeated, right by the jurisprudence
in which we even managed to notice the
effects of the financial sanction but the
sanction of cassation remains
-if then the
impeachment, then
in our view, of course, a reprimand is due for
illicit conduct, a conduct that is
as you mentioned, it is disloyal
but some cases, as I said, have to
be dealt with on a case-by-case basis, we are dealing
with Lucas's case, an incipient person
of the aviation that committed some some
guidelines
creditor of a reprimand but it is a
proportional recommendation and the fact of having
a revocation in his qualification is
possibly going to be the course of the decision
of the votes
because for a first moment the people
plead that all the
dosimetry right from the infraction,
we believe from the jurisprudence that this
will be complied with, right because that's how it's
been done, but
due to the age and the dream of flying in this
boy, you know, we have it here, we know it
in the office, there's no way for the defense
to go without claiming that you
also consider the age he
also surpassed this fault that was
committed flying
his knowledge for a non-
accredited examiner was demonstrated so he returned to the
ANAC right before the technical part of
training
the condition expected of a regular crew member
creditor of a reprimand for
his conduct past but with a whole
climb and threatening a whole life and
followed by this one that is what he
learned is to fly
he continued in the continuous version and
intends to continue in Aviation I understand
his qualifications hunted this situation
Possibly it will be very frustrating
in the life of this
member and has everything to demonstrate
that the knowledge he
managed to
gather is mentally opposed to the one
that was formerly indicated there
by the self-infringement that we As we
said deserves a reprimand however
evaluating the
jurisprudence of this
collegiate we can see that the
impeachment will be aired in the records that's
why we once again protest in the
sense that it be done through article
32 of Law 11 thousand in Law 13.848 we have
precisely of Conduct here crew members
perhaps had a
similar situation and be conferred is a
second chance let's talk like that those
can demonstrate their aptitude for their
return to the expected condition returns
loyalty if that is the case
then the defense is restricted to that
boasting by the application of the Formula in
dosimetry and what concerns a
possible penalty of impeachment is
considered the age and all that it
was alleged right
then pass the floor to the director
President I thank you all for
once again for your attention
all the directors in the note and
all the technical support that has been
supporting us since two o'clock today thank you very much
flattered and I am also a little sad
as I already mentioned it on other occasions
in the previous process, it was fine sir, right?
the vote of the rapporteur for this specific case will be conducted
but as a pilot I would like to
send a message to Mr.
Lucas Delgado not to give up on the dream.
give it up but let it serve as an
example for his whole life that
honesty is the best way for
all of us to comply with the laws the rules the
regulations regardless of the age of the
moment in our life is the best thing to
be taken ok so please take it
your client, my regards, my
consideration and that he does not give up
power regardless of the decision we
make in the collegiate
positive that will be done thank you for the
words of director Ricardo
Thank you Jesus
any additional consideration we can
vote for
please director Rogério Benedito your
vote
Thank you Chairman
according to post in the report
Mr. Lucas Delgado Fernandes appealed against
the penalties of fine and suspension
applied in the first
administrative instance due to the
lack of confirmation of 81 flights
launched in his Sub Digital which
subsidized the concession of his
commercial pilot license of
party aviation observes which technical area in the
contested decision excluded from the scope of the
judgment of launches with aircraft
to pass a Gulf and lemon and the hours
of flight simulator in view of the
effective application of the penalty in the
scope of other processes in relation
to the taizados are therefore overcome
allegations of connection of investigations he
says pending judgment passing the
link down necessary new
validation of the typification attributed to the
conduct defends the appellant to be
applicable to the typification of the
third teaching of article 299 of the
Brazilian aeronautics code it happens that such
simplification involves section or
transfer of the granting authorization
or permission without a license from the
aeronautical authority and I am revoked in the recent
reform of the Code, so it is repugnant to have
a life mistake in the repulsion part the
real opportunity that is the agency has already
consolidated the understanding and that the
inadequate launching conducts in
flight logs
has capitulation in the item 5 of article
299 of the code and which was even done
in the present case in the scope of the
validation prior to the decision,
finally, the recurring argument that the
pecuniary penalty was established
at a level that distances two Thames from
the proportionality of reasonableness,
bringing the base salary to the comparative records
for commercial pilots in this
aspect, I believe that there is reason for the
interested party As already decided by this
collegiate in the deliberative regions of
June 7th to August 1st of the current year,
it has been agreed that the best solution for
setting fines for launching
flights without confirmation of their realization
involves the application of the
mathematical methodology of exponential decays
contained in article 37 B of resolution
472 2018 coincidence of an infraction
every three hours of flight with renewal
upwards in this sense reaches the
final fine value of 19398
17 cents still within the scope the setting of the
penalty in an adequate dimension
considering the nature of the infraction
involved and the relevance of the theme
of pilot training for the safety of
air operations
the
infringement found in the present case
involves the posting of more than 140
hours of flight without proof and
correspondence with the
indicated aircraft logbook, a number of hours
already close to the necessary to obtain
the commercial pilot license In this
regard, the sensitivity involved was not enough
in the potential
transport of passengers and
commercial flights without actually achieving the
minimum experience required by the
Responsible pilot obtaining
licenses in the context of launching
oil also involves compromising
the necessary trust in maintaining the
sector's security controls, I emphasize
even though the applicant has already was fined
for similar conduct involving
other entries for obtaining
qualifications and presenting
inconsistent documents,
also concluding that
the infractions had occurred
I have reaffirmed the judgments of Altos
da Infração that the advances of that agency
towards a regulation that is more
responsive and consistent with reality of
Brazilian Civil Aviation has allowed
this agency to reduce
bureaucratic positions and value the commitment of
regulated agents with a history of
responsible and collaborative action,
prioritizing the donation of non-
punitive solutions or light sanctions.
Escalation
of the reporting pyramid in cases of
immovable gravity, especially in the face of
behaviors considered inadmissible,
as I point out to regulatory theory and
international best practices in the
present case As already highlighted, the advantage
obtained by people with
inconsistent flight launches in a
significant volume of hours indicates it
was not a personal fault or a
careless filling out of documentation,
but the reckless action before the
public administration and the airline sector itself,
in that sense, it deemed opportune and
appropriate to apply to the appellant the
sanction of revocation of licenses and
qualifications before the expulsion
vote for the partial granting of the appeal
to change the decision of the first
instance and to fix the pecuniary penalty in the
amount of
19,398.97
accumulated with the sanction this type of
rights in the form of revocation of
aeronautical licenses and qualifications
registered therein is as vote gentlemen
whose the vote was unanimously approved
I thank Dr Célio for his participation and
contribution in our
decision-making process in the mota next process
eighth item on the agenda of interest to
Bárbara Bianca Carvalho Soares and
also reporting to director Rogério
Benevides deals with
administrative appeal in decision-making phases
Second instance regarding the judgment of the
infraction notice returns the floor director
to read the report Thank you
Doctor this is
an appeal filed by
Bárbara Bianca Carvalho Soares in the face
of the decision of first instance issued
on May 18, 2022 which resulted in the
application of Sansão de fine of
137,600 in view of the occurrence of
86 infractions related to the
provision of
inaccurate or adulterated data and information with
nonexistent street Such information from you
aimed at granting a
commercial aviation pilot license the
sanctioning administrative process was
initiated on May 15, 2020 to based on
the finding that the appellant
entered the flights in its digital civil without
having a connection with the
corresponding aircraft logbook, after
being notified on July 13, 2021, the
interested party presented a prior defense
requesting that
the notice of infringement on the
allegation be judged to be insubstantial that the appellant has not
practiced any type of falsification
of the Truth or fraud, agreement to the
precepts of reasonableness, Equity and
isonomy or, alternatively,
the institution of the child of the
continuous infraction is applied, the superintendence
of Civil Aviation personnel concluded that
the pilot committed an infraction,
remaining configured the practice of 86
violations of the legislation in force
on July 1, 2022
dissatisfied with the decision rendered
by the competent area the interested party and
after an administrative appeal reviewing
the arguments
the act certified the admissibility of the
appeal on July 4, 2022 remaining
handed down on October 6 of 2022
monocratic decision In the Second instance
in which it was concluded to know but on the
merits dismissing the appeal
filed on November 11, 22 not
satisfied with the decision is interested
in having appeals to the board
reinforcing the arguments that there was no
falsification of the Truth or
fraud, with the pilot excluded from
her civil hours.
May 24, 2013 the records were
redistributed to this board for
further analysis of the release is
the report
Thank you director
Nascimento any questions me too
please no director
Thank you president
as stated in the report
Mrs. Bárbara Bianca Carvalho Soares
appealed against the fines in the
amount of
137,600 and suspension of their licenses
and qualifications for a period of 40 days.
Such penalties were applied in the
first administrative instance
due to the finding of
divergences in 86 flights released in their
digital Civil that were used by the
aeronaut to grant their
license of commercial aviation pilot and
party multi-engine qualification
note that the process to follow its
regular course, in compliance with the
procedural rules of resolution number
472/2018, allowing the presentation
of defenses and allegations and the production of
evidence
entering the merits of the applied sanction
the appellant argues that, given the
size of the fine, the penalty applied,
in her words, is
disproportionate and unreasonable,
representing a true distortion of the
very reason for the
administrative process Claiming the application of the
Institute of continued infringement and the
weighting of the principles of the principles
of reasonableness, proportionality and
legality in the specific case in question
the launching it is almost 180
hours of flight improperly in the Civil of the
appellant conduct that even gave
rise to administrative processes for the
obtaining of license and qualifications that
allow the transport of passenger boards
aircraft including operations of
larger complexity still in this line
highlights that is recurrent in his request
Valeu for a PCM course completion certificate
whose authenticity was
denied by the supposed issuer
representative of an entity certified
before ANAC which indicates the
uncompromised performance with the technical Igor with
which the regulator and the entities operating
in the segment of training aeronauts
deal with the issue of examining infractions
judged, it is
verified that the irregularities
committed were aimed at
obtaining the commercial aviation pilot license
and the multi-engine qualification,
which they consider important milestones
in the career of a pilot and which, if
improperly obtained, lead to risk
to the safety of third parties and the system
as a whole against the facts in mind,
notified the Air Force
about the possibility of aggravating the
sanction for the revocation of their licenses
after analyzing their manifestation
supplementary in which the text
of the prior defense and the appeal is reiterated, I understand that
there are no elements that substantiate the conduct
of the agent, the reason why I deem
appropriate and timely application of the sanction
of revocation of Air Force licenses
In replacement of the suspension applied at the
origin on the other hand not considering the
amount of 137
1800 applied as a fine I understand that there
is indeed room for reassessment
by these collegiate since such a
level the penalty that at such a level
the penalty becomes difficult to
comply with, especially when compared to
the average remuneration of professionals of the
sector in this vein, I understand that in the
specific case in question, the
educational and repressive function conferred a fine
can be met from a
more reasonable pecuniary level, so we have the
value of the
intermediate unit fine equal to 2,800, the
number of occurrences equal to 60 and the
presence of a mitigating circumstance
in a tie
defining the value of F as two
resulting in a fine in the amount
of
21,688
this reduction is in line with the
practices that this board has carried
out in the last judgments in view of the
above vote for the partial granting of the
appeal to overturn the decision of the
first instance to impose a fine in the
amount of 21 thousand
688 and 71 cents combined with a
restrictive sanction on rights in the form of
revocation
of the aeronautics licenses and the
authorization registered therein is like the
vote Mr
Luiz Ricardo how do you vote with the rapporteur
Ricardo katanan how do you also vote
corrector I also come back with the rapporteur
whose vote was unanimously approved it
deals with an
administrative appeal in the face of a decision of
the first instance regarding the judgment
of the notice of infraction, give the floor to the
director to read the report
Thank you Doctor this
is an appeal interposed by
Guilherme
borovski Amorim in the face of the decision of the
first instance issued on March 6,
2023 which resulted in the application of
Sansão of
46,600 accumulated with the restrictive sanction
of rights in the form of suspension of
all the pilot's qualifications for a
period of 40 days the
sanctioning administrative process was
initiated on January 18, 23
From the verification that the
applicant entered in his digital civil
time of flight on the aircraft I fixed the
alpha Golf November Papa tango Romeo
tango Oscar Papa tango Golf Lima alpha
without correspondence with the respective
logbook in order to
obtain his commercial pilot license
and his multi-
engine qualifications and return by instrument
from the presentation of flight oil and
false documentation after being
notified on January 27 and 23, the
interested party presented a prior defense
requesting that the infringement notice be recognized as null and
void due to the absence of the
requirements Behold, the statute of limitations had already occurred
punitive or alternatively
the Africa Institute of
continued infringement is applied the
Civil Aviation personnel superintendence concluded that
the pilot committed an infraction,
leaving the practice of 29
infractions to current legislation
for the supply of inexact or
adulterated data present in the digital civil,
ruling out the thesis of the statute of limitations launched
by another act on March 17, 23, the person
interested in having an
administrative appeal, thus resuming arguments that
were presented in his initial defense
due to the ordinary distribution
preceded by a draw held in the
public session of April 3, 23, came the
highs to report of this board on April 25,
2023 the records were returned to
continue the analysis and deliberation
of any doubt me neither please
Rogério Benedito
gentlemen going straight to the analysis
reasoning as set out in the
report Mr.
of
46,600 and suspension for a period of 40
days
applied in the first
administrative instance due to the
finding of divergence in 27 flights
launched in their digital civil in 3
aircraft and supply of two copies
of Logbooks with information
or adulterated that were used by the
aeronautics by the aeronaut for the
granting of his commercial pilot license
and his multi-
engine qualifications and I go by instrument
preliminarily in relation to the allegation of
occurrence of prescription highlights that
law
9.873 disciplines punitive prescription in the
scope of the federal public administration
and provides for the incidence of the prescription rules of
the criminal law when the fact
object of the investigation also constitutes a
crime in the case in question the proven
provision of statements and
information that are true or adulterated
in order to obtain an administrative advantage
conduct duly communicated to the
competent authority for investigation in the
criminal sphere In this context, because
matter adequately addressed in the
contested decision, I understand that the
preliminary one
has been overcome two years ago or the appellant in the
procedural scope has offended the ample
defense and vice-material in the modification of the
motivation for the infraction notice in this
sense, I observe that the process followed
its regular course, with the opportunity
to be provided once he has gathered evidence and the
presentation of allegations, which includes
communications in the
inspection procedure prior to the initiation of
this process, attended to the gifts
that govern the sanctioning administrative process
on the merits of the sanction applied,
the appellant defends that, given the
size of the fine, the penalty applied
would be too much Complaining the application
of the Institute of continued infringement and the
reduction of the amount of the fine Based on the
principle of reasonableness
in the concrete case, similarly to
other cases judged today by this
collegiate,
we are faced with a
significant volume of oils inserted
improperly. pilot in
conduct aimed at obtaining a
commercial pilot license
and multi-engine qualifications and I go by
instrument that allow the transport of
passengers boards an aircraft including
operations of greater complexity in view
of the sensitivity of the investigation, it promoted
notification of the aeronautics about the
possibility of aggravating the sanction
for the revocation of its licenses after
analyzing its complementary manifestation
in which the text of the
prior defense of the appeal is reiterated, I understand that there are no
elements that support the conduct of the agent,
reason why Ju appropriate and opportune
in the application of the sanction of revocation of
Oral's licenses by On the other hand, when
considering the amount of
46,600 applied to the attitude, I understand
that there is room for reassessment by this
collegiate, as it is known, the penalties
imposed by the agency do not have a
tax collection purpose, being one of the
means available to the public to
promote compliance with the
applicable rules. in this sense, I understand that in the
specific case if he was arrested, this function
would be met with a lower level of
fine, more compatible with the
remuneration standard of
Civil Aviation professionals, including considering
accumulation of receptive granting of
rights regarding the amount of the fine,
however, I also understand that it is pertinent to adopt
the parameter of isimetry the form of
potential already present in resolution 472
in its article 37 B in line with the two
votes cast the little important to
highlight as pointed out in the decision of the
first instance that at the origin it was not
possible to confirm
consistency between parts of the
entries and the diary on board of the
Papa tango Golf Lima brand aircraft
target, which is why
the application of six flights
that totaled 8 hours
12 minutes were disregarded, so the respective hours
were excluded from the Call, leaving a
total of 46 hours for the application of the
calculation methodology that was consolidated
in this board so we have the number
of occurrences at 16 number obtained by
dividing 46 hours took
inconsistent by 3 with rounding
up the value of the intermediate unit fine
is equal to 2,800 and is
present in circumstances a
circumstance having previously defined
DF value equal to 2 Counting parameters the
fine for the releases took the
amount of 11 thousand 11,200 more due to
the supply of two copies of
Diaries of aircraft borders Romeo tango
Óptico and papatano Golf animal
conflicting conversions monitored by
this agency it was included in the
original decision to the addition of a fine in the amount of
3,200 fixed at the minimum amount provided
for the two infractions
because they remain confirmed Because both
infractions are confirmed, it includes the
total amount of the fine What remains
fixed at
14,400
before the expulsion vote for the
partial granting of the appeal to reform the
decision of the first instance to
apply a fine in the amount of
14,400 accumulated with the restrictive sanction
of rights in the form of revocation of the
aeronautics licenses and qualifications
endorsed to them is how you vote
Thank you director Rogério Benevides for your
vote director Luiz Ricardo how do you vote What
was it the managing rapporteur
I also accompany a rapporteur whose
vote was approved So unanimously
madam on the motorcycle please the next
process
the next process is the tenth item on the
agenda And also the last one is of interest
to Dios villaneves Oliveira da Silva and
the rapporteur of the director Luiz Ricardo
Nascimento and it deals with an
administrative appeal in the face of a decision of the
first instance regarding the judgment
of discharge of infraction pass the floor
director to read the report this
is an administrative appeal
filed by Mr.
00193/ 2020 the current
occurrence the defendant
irregularly entered in his
individual flight log a total of 60
launches without proof with
aircraft border logs Papa tango Kilo Eco
Mike Papa tango Fox Mike Alpha Papa
Romeu Vitor Charles Vitor which adds up
to a total of 145 hours and 16 minutes of flight in
its Initial statement The appellant
limited himself to submitting an application
that allows the application of the
summary fine arbitration criterion to
obtain a 50% discount on the
applicable penalty value calculated
by the average value of the framework
infringed
continuous act or notice of infraction was
validated, the infraction being
framed in article 299, fifth cycle of the
CBA, through Official Letter 50/57, the
appellant was notified about the
aforementioned validation, being
given a new period of 20 days to
formulate his allegations, the then assessed
timely manifested itself by
presenting again the request
to obtain a 50% discount on the
amount of the penalty to be applied without
going into the merits of
the first instance decision
Based on the submitted request,
the following understanding was issued to
know and grant the request for
arbitration summary of the fine pursuant to
article 28 of resolution 472 2 apply,
pursuant to the application, a
50% discount requested by the defendant, which resulted
in a fine of
R$84,000 three apply Sanction restricting
rights in the form of suspension of
all qualifications of the current person for a
period of 40 days, verifying a
circumstance prior to the
recognition of the practice of the infraction
notified of the decision acted,
manifested in the records requesting a
review of the amount of the fine with the connection
of being framed in the practice of
infraction of a continuous nature
as not the
fine applied in the first
instance decision was paid, the interested party was no longer
entitled to the benefit of summary arbitration,
which is why the case was returned for a
new trial in the first instance
with the adoption of the ordinary criteria
of penalty measurement provided for in
article 36 of the resolution 472 in this sense,
the coordination of judgment and
external demands considered the request
for the revision of the amount of the fine to be inappropriate and issued a
new decision at first instance,
verifying other
mitigating circumstances not previously observed,
such as the existence of
definitive application of sanctions in the 12 months
prior to the date of the commission of the
infraction and
non-compliant judgment the person charged with filing an
administrative appeal on July 28, 22
without presenting facts or
new documents in summary the appellant sought in
this appeal a concession of
suspensive effects 2 annulment of the
sanctioning administrative process three nullity
of the infraction notice 4 the observance of the
principle of impersonality for the
application of a single fine and its
minimum level and fifth maintenance of the decision of the
First Instance 202 when analyzing the
dismissal of the appeal presented
SPL and gave knowledge of the manifestation as well
as its legitimacy and has festivity
however reinforced that the decision rendered does
not deserve repairs and that the
reconsideration intended not intended
does not deserve to prosper on this aspect on
this aspect by means of the order order
acting apologies
that advisory stressed that a
suspensive effect should not be granted because it does not
see this is the hypothesis of fair
fear of damage to difficult or uncertain
repair resulting from the execution
after the draw held public exception
on August 15th The process was
forwarded to this board when analyzing
the process these board identified
that the facts discussed of the
high Gifts were serious enough
to give rise to the application of Samson More
burdensome whatever the impeachment in this
way, as established by religion, the
current legislation was provided for the
notification of the assessed person about the
possibility of aggravation of the
penalty applied,
providing him with a deadline for the formulation
of allegations before the appeal decision
the final allegations of the appellant in
view of the possibility of aggravation of the
decision were forwarded on
January 16, 23 is the report Mr
President
Thank you director Luiz Ricardo ask
the other directors if they have any
doubts or questions Me
neither please director your vote good
sirs as stated in the report the
president o president the
administrative process the objective is by area in
fractions imputed to the pilot Mr.
under analysis together with
its annexes we are final allegations and
annex
and annexes presented after the appellant
was notified by the seca agency of the
possibility of aggravating the
contested decision in both cited documents the
appellant presents the same reasons and
invokes the same preliminaries especially
one that is granted Suspension effect
2 that is on the side of the
sanctioning administrative proceeding due to lack
of service of exclusive notification 3 that
is on the high side of infraction due to
lack of amount to be arbitrated the
possible fine four that
the principle of impersonality is observed with
application of penalty Identical to the case
understands in writing that the decision
of the first instance peace be maintained 202
In the preliminary questions at the beginning,
I agree with the agencies and reiterate the
understanding on the non-granting of the
suspensive effect provided for in article 38,
first paragraph of resolution
472/2018, since the
hypothesis of the fair fear of
difficult damage or in certain reparation resulting
from the execution on alleged absence of
summons exclusive notification of the
appellant such argument does not deserve to
prosper according to the documentation of the
present process on January 6, 21,
by means of subpoena certificate,
the appellant was notified
referent Present the action Including
the statement presented and
superwritten by Mr.
beleneves slang received by ANAC At a
later time, it is also observed with
validation of the present and infraction notice
for adequacy of the framework, having
been sent in Official letter number 50 5 for
notification and possible manifestation of the
interested party, it should be noted that the Official Letter
was delivered to the addressee according to the
subpoena certificate and that the
interested party once again manifested itself
by forwarding again the request for
summary arbitration of the fine, as well as
all the decisions of the process were
notified to the interested party
as evidenced in the
subpoena certificates attached to the case file,
thus it is proven that the appellant
was duly notified throughout
all the procedural stages already in relation
to the claim for annulment of the high
infraction due to the absence of an amount to be
qualified The possible fine is verified in
the articles 1518 of resolution 472/2018
of that agency that the notice of infraction is
an instrument that contains the delimitation
of the facts that will be investigated
in the country and that will contain the following
elements: sequential numbering and
identification and address of the other
local side, date and time of drawing up
objective description of the fact of the record constituting the
infraction indication of the Legal provision
or complementary legislation in frigid
and indication of the deadline and place for
presenting the defense and lastly
identification containing at least the
registration and signature of the acting said
this both infraction notice as well as the
occurrence report, present an
objective description of the fact or of the
constitutive act of the infraction object of
investigation, which is to make
insert in suasive 60 flights totaling,
I repeat,
145 hours and 16 minutes without actually having
performed them quantifying the
infractions committed by the assessed and
delimiting the facts that were the object of
the investigation of the present triggering proceedings, it
is added that the final amount of the fine
depends on the analysis of
aggravating and mitigating conditions in addition to the analysis of the
existence of good faith as
established in resolution 472, which
can only be determined in the at the time
of the decision of the first instance, therefore, there
is no damage to the defendant or the
existence of an irremediable defect capable of
annulling the notice of infraction,
finally on the request for maintenance in the
decision of the first instance 202 this
Equally does not deserve to prosper
since the referred Decision was Canceled by
Evident material error based on an
error in typing the amount of the fine in
full of the sanction restricting rights,
introductory I highlight that I will deal
first with the sanction restricting
rights As I understand that in some cases
this also generates economic repercussions
to a lesser or greater degree depending on the
sanction applied Consequently Such
repercussions will have to be only weighed At a
later moment of definition of
pecuniary section in the present case, the first
instance applied the sanction of
punitive suspension of all the qualifications of the
appellant for the period of 22 sorry
20 days based on the methodology of the
Article 37 of the ANAC resolution 472 On the
other hand, upon being notified of the
possibility of aggravating the sanction
Proposed, the appellant mentions in his
final allegations that he opens quotation marks any
sanction applied in this
administrative process must comply with the
sanctioning feed contained in the
top of the infraction closes quotation marks, because
on this point the ANAC resolution 472 in
article 44 makes it clear that the appeal
according to the Instance may result in a
change in the type of sensation applied
according to the gravity of the facts
ascertained, it must not be forgotten that the notice
of infraction object of this process was
Drawn from the verification of
regularities in scope from another
process in which it was
proven that the public official would have
benefited from hours of flight without
proof with the logbook of the
aircraft registered on the on the
registration aircraft Papa Romeu Vitor
Charles Vitor for the granting of his
land multicultor class qualifications in plane in addition to having inserted
other hours of flights called fictitious
on the registration aircraft Papa
tango Fox Mike Alpha and Papa tango Kilo is
that Eco Maicon if I observed that the
facts ascertained are serious enough
to give rise to application of the More
serious section which is the revocation of licenses
and qualifications as an airplane pilot of the
appellant on
particulars I highlight an azir
regularities committed by the appellant
had as one of the objectives the obtaining
of multiterrestrial appreciation which
I consider important milestone in the career
of an airplane pilot and that entail,
without obtaining unduly high, the
risk to the security
of the system of Civil Aviation as a whole
two the number of flight hours
launched and regularly
145 hours 16 minutes in the aircraft already
mentioned considering that 13 of them
were launched in six respective flights
in another aircraft and this Total
corresponds to more than the minimum
required to obtain the
multi-terrestrial qualification on this particular point,
I must emphasize that this topic has been the
subject of discussions and evolutions within
the agency and it has been
continuously committed to promoting
responsive regulation, which demands reliability
in the relationship between regulated and regulator,
thus presenting false information,
especially in the context of a process
for granting a license and
pilot qualifications, the applicant violated good faith and
loyalty to that agency, violating
principles that are indispensable for the
model of regulation that we propose that we
propose to practice in that country platform
understand what should be
maintained the sanction of punitive suspension
of all qualifications of the interested party
for 20 days, in addition, given the
seriousness of the present case, I
also understand that it is necessary to apply a
more serious sanction, which is the revocation
of licenses and
technical qualification certificates of Appellant's plane
At this point, I clarify that,
contrary to the sanction of suspension, the
sanction of annulment should not be
extended to licenses and the certificate
of enabling the technical qualification of a
glider that the appellant has, since
such measure proves to be excessive and
out of the context of the pecuniary sanction the
contested decision imposed a fine of
96 thousand reais resulting from multiplying
the unit value of each infraction by
60 volts, however before considering
the reasonableness of the pecuniary sanction
imputed following decisions of this
even today it proposes with the quantitative
of the occurrence to be used in the calculation
of the sanction is not based on the number
of entries in the Civic but that the
incidence of the infraction is calculated
Based on the number of hours
defrauded given that it is
in this dimension of the infraction that the
disapproval of the conduct resides, so I
also consider it pertinent to adopt as
dosimetry parameter the exponential formula already
present in resolution 472 And if article
37 Bravo in line with the votes
mentioned earlier today
and other plenaries applying the criterion
of numbers of occurrences as one third
of the number of hours defrauded being n
= h divided by three, rounding
up, there are a total of 49 occurrences
regarding the fixed value of 85,
according to the understanding already expressed
by the players distance committee for
cases in which the arbitration of the fine
occurs together with the application of the
concept infringement of a
continuous nature situate the situation observed in the
present case, since a
request for summary arbitration was presented,
with the appellant in its
prior defense and its appeal to the collegiate
manifesting itself only regarding the amount
established as pecuniary sanction, with
the practice or not of the
infractions by the calculation method
described above using the
intermediate unit motor factor after the
incidence of 50% in relation to the
arbitration which is 1,400
verify that the sanction must be
fixed at
11,474 reais
in view of the reasons given votes for the
knowledge of the appeal lodged for the
interested party and on merit for the reform of the
decision of the first
administrative instance of motorbike to set the value
of the pecuniary penalty at
11,460 sorry
11,474 reais
and added to the punitive suspension of all
the qualifications interested for the period
of 20 days to apply the penalty of
extinction of the right in the form of revocation
of the aircraft license and the
technical qualification certificate of the
crew member Girebelline de Oliveira Silva,
being even disqualified for a
minimum period of two years for the driving of an
airplane of Brazilian nationality prohibited
with validation of any licenses and
qualifications of airplanes obtained
Abroad, it's how you vote Mr. President
Thank you director Luiz Ricardo
director asks how I vote director
Rogério
with the rapporteur
how you vote director Ricardo katanato
also accompanied the rapporteur
gentlemen I have a little point in this vote
that I would like to ask for a view on
the impeachments, right of all of all the
licenses I wanted to come across a
little bit about this so I would like to
ask for views of this process
then the lady on the bike this last
process
director Thiago Pereira requested views
good closed closed deliberation of the
processes gentlemen finally some
other matter to be presented at this
time
so now 17 hours and 29 minutes I
close the 12th deliberative meeting
of the ANAC Collegiate Board of Directors for the year
2023
Have a good afternoon
URL
https://www.youtube.com/watch?v=MfjRGDgRdt4