The aircraft operated on a delivery flight from the Embraer factory at S?o Jos‚ dos Campos Airport. Atlantic Southeast Airlines was taking delivery of the aircraft and the first ferry legs would take the aircraft to Bras¡lia and Manaus. The flight was cleared by the S?o Jos‚ Tower controller to follow the 010 degrees radial to the SJC VOR, and cross the VOR at 5000 feet. Some time after takeoff S?o Jos‚ Tower instructed the flight to climb to FL280 out of 5000 feet and intercept the 352 radial of the SJC VOR. The flight crew failed to follow the instructions. This was not noticed when the crew contacted Bras¡lia ACC. The airplane continued at 5000 feet until it struck a cloud covered mountain in the Mantiqueira Mountains at an elevation of 5000 feet, 700 feet below the peak. PROBABLE CAUSE (translated from Portuguese): – The pilots did not plan the flight properly, though there was an AIS room with the necessary sources of consultation. Maintaining altitude of 5000 feet for too long a time, subject to the minimum safe altitudes in the are area in the available publications, and the discrepancies found in the flight plan confirm this thesis. – The pilot did not properly collated the guidelines issued by the tower and remained incompatible altitude with instructions issued by the control. – There are strong indications that the flight proceeded under instrument flight conditions. – There was no proper coordination between the ACC BS and TWR SJ regarding the transference and control of the air traffic nor did TWR SJ requested receipt of the messages.