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Aircraft destined for USP for educational use lost flight conditions after years without maintenance at Leite Lopes Airport, while club that brought the plane to Brazil demands millionaire compensation in court
Brazil’s only Soviet jet Yak-40, destined for USP in 2007 for educational use, is abandoned at Leite Lopes Airport, in Ribeirão Preto, and became the target of a R$ 1.5 million lawsuit. The information is from Estadão.
Soviet jet would be a laboratory at USP
The aircraft was assigned by the Federal Revenue to USP’s São Carlos School of Engineering in 2007, after being seized in 2002 under suspicion of irregularities.
The idea was to use the plane in the Department of Aeronautical Engineering. Professor Fernando Martini Catalano stated that the model had engines, functional systems, and a structure to support classes.
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Almost two decades later, the Yakovlev Yak-40 remains grounded in Ribeirão Preto. Without maintenance, it deteriorated and is now considered unusable.
Rare plane came from Africa before seizure
The Yak-40 was developed in the Soviet Union for regional routes and has been operating since 1968. With three jet engines, it was designed for unpaved runways and has a cruising speed of 450 km/h.
The model measures about 20 meters in length, has a wingspan of 25 meters, and is just over 6 meters tall. In Brazil, it is the only Soviet example of its kind.
Before the seizure, the plane was registered in the Democratic Republic of São Tomé and Príncipe, in Africa. The Clube Náutico Água Limpa brought it to Brazil.
Lawyer André Perdigão stated that the club owners bought the Yak-40 to serve its members. Members could fly to Búzios and Porto Seguro.
Costs prevented removal to São Carlos
Five years after the seizure, it was decided in 2007 that the plane would be destined for USP. The university would have to remove it from Leite Lopes Airport.
The main obstacle was the cost of transport. São Carlos and Ribeirão Preto are separated by approximately 100 kilometers, a distance that would require a complex operation.
Another factor made recovery difficult. Being a Russian model, there is a shortage of parts in Brazil, and putting it back into flight would require an investment of millions of reais.
Over time, the Soviet jet remained exposed to a lack of maintenance. For Clube Náutico Água Limpa, the plane was destroyed due to lack of care while it was held.
Club says it lost its main attraction
The lawsuit was filed in 2018 by Clube Náutico Água Limpa. The request includes R$ 1.5 million for material damages and an additional R$ 280,000 to dismantle and remove the aircraft’s remains.
Perdigão stated that the club “only had one plane” and that the seizure led the entity to “bankruptcy.” He also said that Água Limpa lost its appeal.
Flights for members occurred for over a year, between the acquisition in 2001 and the seizure in 2002. On a trip from Foz do Iguaçu, the plane stopped in Ribeirão Preto and was impounded.
The seizure occurred under suspicion of irregular stay in the country and unauthorized commercial use. The club challenged the Federal Revenue and reversed the case at TRF-1.
TRF-1 annulled forfeiture of the plane
In April 2013, TRF-1 annulled the seizure of the aircraft and the forfeiture penalty. The court understood that the infractions attributed to Água Limpa were not proven.
With the decision, the Court recognized the club’s right to reclaim the asset. The collection of airport fees related to the retention period was also dismissed.
Even after this decision, the Yak-40 remained at Leite Lopes Airport. Without maintenance, it lost its flight conditions and became an unusable aircraft.
Union disputes compensation and requests documents
In the lawsuit, the AGU contested the request. The Union questioned the free legal aid, alleging lack of proof of indigence and contradiction in light of the R$ 1.5 million indemnity.
The AGU also requested access to the club’s tax data and defended the inclusion of USP in the process. The argument is that the aircraft was incorporated into the university’s assets.
The Union also requested the redistribution of the lawsuit to the 19th Federal Court, citing the court’s prior jurisdiction due to previous cases.
In a note, the AGU stated that it presented a defense, pointed out the groundlessness of the requests and the non-existence of the right to compensation. The process awaits documents from the club to continue.
With information from Estadão.
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