Two U.S. pilots charged by Brazilian authorities for the collision between their Embraer Legacy 600 business jet and a Gol Airlines Boeing 737 in late September are now back home and deny any wrong doing.

Pilots Joe Lepore and Jan Paladino of New York were allowed to leave Brazil but must return to face the charges. The collision occurred at 37,000 when the winglet of their Embraer Legacy 600 came into contact with the wing of a Gol Airlines Boeing 737.  The 737 plummeted to the earth and crashed into the Amazon jungle while the Legacy was able to make an emergency landing.  Brazilian authorities allege that the transponder on the Legacy was not functioning properly at the time of the accident. According to a news release issued by the Brazilian federal police, the charges are based on "elements of proof existing in the police inquiry, which point to the lack of the caution that is necessary, expected, and can be demanded of pilots during the realization of a flight."

With an air traffic control system under strain many ask how the two aircraft were allowed to continue on a collision course and why the TCAS system did not prevent the collision.