From Folha Online today: The Governor of São Paulo, José Serra, has already ordered a criminal investigation of the accident, by the State Prosecutors' Office and the Civil Police, he says he expects the aviation sector authorities to investigate the case as well.
From a statement by the International Federation of Air Line Pilots Associations (IALPA) criticizing the criminalization of the Sept. 29 accident as "fundamentally flawed:"
"IFALPA believes that in any accident it is vital that an independent technical investigation carried out by experts in air accident investigation must be completed before any criminal or civil action is pursued. To pre-empt the results of a expert technical investigation with a judicial investigation which may not be technically competent is counter productive to improvement of air safety."
Also see this 2002 report for the National Transportation Safety Bar Association on the dangers of criminalizing an aviation accident unless clear criminal intent is evident from the start.