Narrative:

Air carrier X climbing on the rica I departure (capa trans), we requested direct atebo intersection after scb VOR. This was approved and a climb from FL180 to FL390 was issued. Shortly after passing the VOR and climbing through FL31.5 we received a TCASII TA. Within a few seconds, ATC advised us of the 'traffic at 12 O'clock position, 10 mi, maintain FL330'. At FL330 I selected altitude hold and we maintained a traffic watch. Just after we leveled off, TCASII issued a RA to descend. As we initiated a descent, the traffic air carrier Y passed approximately 7000 ft to our left while in a right turn at FL330. Our first TCASII advisory indicated the traffic was descending. After our level off and at the time of the RA, the traffic was level. We do not know whether the traffic was cleared to FL330 or was leveled there by ATC for traffic. Nor do we know that the evasive right turn the traffic took was on their own initiative or assigned by ATC, as they were communicating in spanish or portuguese. However, FL330 would be an appropriate cruise altitude for their direction of flight, and leveling us at FL330 created a dangerous conflict.

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Original NASA ASRS Text

Title: ACR X HAD LTSS FROM ACR Y. TCASII TA RA DSCNT. EVASIVE ACTION TAKEN. SYS ERROR.

Narrative: ACR X CLBING ON THE RICA I DEP (CAPA TRANS), WE REQUESTED DIRECT ATEBO INTXN AFTER SCB VOR. THIS WAS APPROVED AND A CLB FROM FL180 TO FL390 WAS ISSUED. SHORTLY AFTER PASSING THE VOR AND CLBING THROUGH FL31.5 WE RECEIVED A TCASII TA. WITHIN A FEW SECONDS, ATC ADVISED US OF THE 'TFC AT 12 O'CLOCK POS, 10 MI, MAINTAIN FL330'. AT FL330 I SELECTED ALT HOLD AND WE MAINTAINED A TFC WATCH. JUST AFTER WE LEVELED OFF, TCASII ISSUED A RA TO DSND. AS WE INITIATED A DSCNT, THE TFC ACR Y PASSED APPROX 7000 FT TO OUR L WHILE IN A R TURN AT FL330. OUR FIRST TCASII ADVISORY INDICATED THE TFC WAS DSNDING. AFTER OUR LEVEL OFF AND AT THE TIME OF THE RA, THE TFC WAS LEVEL. WE DO NOT KNOW WHETHER THE TFC WAS CLRED TO FL330 OR WAS LEVELED THERE BY ATC FOR TFC. NOR DO WE KNOW THAT THE EVASIVE R TURN THE TFC TOOK WAS ON THEIR OWN INITIATIVE OR ASSIGNED BY ATC, AS THEY WERE COMMUNICATING IN SPANISH OR PORTUGUESE. HOWEVER, FL330 WOULD BE AN APPROPRIATE CRUISE ALT FOR THEIR DIRECTION OF FLT, AND LEVELING US AT FL330 CREATED A DANGEROUS CONFLICT.

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.