https://www.law.cornell.edu/cfr/text/14/91.159
Edit: I read up a little more about the accident, and it happened above where these rules apply. In any case, with problems like this where one plane isn't where it should be, I think the solution is to come up with better ways of ensuring clearances are complied with, not coming up with a system that is more tolerant of people violating clearances. Airspace is only going to get more congested and the only way do accommodate that safely is to have planes follow clearances to stricter and stricter tolerances.
I say this as a math lover (physics degree holding) and a pilot. Currently we have a rule; "Odd pilots fly East", so you could be 3500,5500,7500, etc. Going west at 2500,4500,6500, etc. Everyone should also be using flight following for anything but a really short flight. And flight following is really going to help with collision avoidance.
I observe planes holding their assigned altitudes to very close tolerances. It strikes me as completely idiotic to quantize these altitudes independent of heading, rather than scaling 360 degrees to 2000 feet (or pick your favorite modern units) and adding one's heading to base altitudes. Then planes won't cross each other's paths on a giving heading, avoiding accidents like Brazil.