Narrative:

Approaching mate intersection at FL330 we received a yellow traffic circle with 'traffic oral.' we both looked outside with no visual contact. We then received a red traffic on TCASII with traffic climb (aural) at that time, first officer went to 40 mi map range (scale) where I observed the aircraft on TCASII at approximately 15 mi at FL322. I asked the captain if we should climb. He said no we had traffic overhead at FL350. I made visual contact at approximately inside 5 mi on TCASII. At that time I disconnected aircraft autoplt and made a climbing right turn to 33400 ft. We missed other aircraft by approximately 100-150 ft. Callback conversation with reporter revealed the following information: reporter spoke of the ATC situation in the brazilian airspace, stating that often, aircraft are off altitudes or do not operate with their xponders or their navigation lights on, thus negating the 'RA' function of his TCASII system. In this case, the flight was inbound to sao paulo at FL330 with another 'american' type air carrier above with a descent clearance. The opposite direction traffic was in a climb and went through their altitude of FL330 during this event. The controller had not given any TA and evidently had 'fouled up' in his ATC procedures. The captain tried to get information from the controller regarding the other flight and finally, after just trying to hand their flight off to another frequency, admitted who the other flight was, a local carrier. Reporter said that later rumors regarding this event had the controller being fired by the government. Reporter said the environment down there is 'scary.' captain had heard the 'other american' type air carrier being cleared to a lower altitude and that is why he made the statement of 'don't climb.'

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Original NASA ASRS Text

Title: OPERROR ALLOWS OTHER ACR TO PERFORM A CLB THROUGH OCCUPIED ALT. NMAC DOWNGRADED TO A POTENTIAL CONFLICT WITH LTSS.

Narrative: APCHING MATE INTXN AT FL330 WE RECEIVED A YELLOW TFC CIRCLE WITH 'TFC ORAL.' WE BOTH LOOKED OUTSIDE WITH NO VISUAL CONTACT. WE THEN RECEIVED A RED TFC ON TCASII WITH TFC CLB (AURAL) AT THAT TIME, FO WENT TO 40 MI MAP RANGE (SCALE) WHERE I OBSERVED THE ACFT ON TCASII AT APPROX 15 MI AT FL322. I ASKED THE CAPT IF WE SHOULD CLB. HE SAID NO WE HAD TFC OVERHEAD AT FL350. I MADE VISUAL CONTACT AT APPROX INSIDE 5 MI ON TCASII. AT THAT TIME I DISCONNECTED ACFT AUTOPLT AND MADE A CLBING R TURN TO 33400 FT. WE MISSED OTHER ACFT BY APPROX 100-150 FT. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR SPOKE OF THE ATC SIT IN THE BRAZILIAN AIRSPACE, STATING THAT OFTEN, ACFT ARE OFF ALTS OR DO NOT OPERATE WITH THEIR XPONDERS OR THEIR NAV LIGHTS ON, THUS NEGATING THE 'RA' FUNCTION OF HIS TCASII SYS. IN THIS CASE, THE FLT WAS INBOUND TO SAO PAULO AT FL330 WITH ANOTHER 'AMERICAN' TYPE ACR ABOVE WITH A DSCNT CLRNC. THE OPPOSITE DIRECTION TFC WAS IN A CLB AND WENT THROUGH THEIR ALT OF FL330 DURING THIS EVENT. THE CTLR HAD NOT GIVEN ANY TA AND EVIDENTLY HAD 'FOULED UP' IN HIS ATC PROCS. THE CAPT TRIED TO GET INFO FROM THE CTLR REGARDING THE OTHER FLT AND FINALLY, AFTER JUST TRYING TO HAND THEIR FLT OFF TO ANOTHER FREQ, ADMITTED WHO THE OTHER FLT WAS, A LCL CARRIER. RPTR SAID THAT LATER RUMORS REGARDING THIS EVENT HAD THE CTLR BEING FIRED BY THE GOV. RPTR SAID THE ENVIRONMENT DOWN THERE IS 'SCARY.' CAPT HAD HEARD THE 'OTHER AMERICAN' TYPE ACR BEING CLRED TO A LOWER ALT AND THAT IS WHY HE MADE THE STATEMENT OF 'DON'T CLB.'

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.