ANAC 400: Your air passenger rights & compensation in Brazil explained

In Brazil you can get compensation for flight delays, missed connections, and overbooking, as well as for cancellations and schedule changes where you are informed less than 72 hours before takeoff.

Brazil understands that flight disruptions like these impose heavy costs on air passengers. When an airline has failed to care for its passengers during these circumstances, Brazil’s Consumer Code allows passengers to claim compensation for the inconvenience.

Compensation may be affected by factors such as the length of the journey, the impact the disruption had for you, the care (or lack of) that the airline offered, and the reason behind the flight disruption.

Material damages is the money you lose or spend as a result of a flight disruption.

When you're stuck in an unfamiliar city waiting to find out when and how you’ll finally get to your destination, costs quickly stack up. The extra money you pay out for food and drink, accommodation, and transport are considered to be material damages. As is any money you lost, e.g., a concert you couldn’t attend.

Following a flight issue, Brazil’s laws allow for passengers to claim back these costs as material damages.

Under Brazil’s consumer code, you’re also entitled to seek compensation for what’s known as moral damages.

Passengers rely on air travel to deliver them to important events on time. Missing out on seeing a loved one say “I do”, not making it to your own graduation, or simply missing precious days of a long-awaited family vacation are experiences that can never be replaced.

The laws understand that wasted time, missed opportunities, and bad treatment by the airline are also important. They are considered moral damages, and you can claim compensation for them.

The process can take anything from a few weeks to a few months or longer.

The exact time will depend in part on whether there's a need to go to court to get the compensation you’re entitled to. We’ll keep you up-to-date on the status of your claim.

You can claim compensation for flight delays and cancellations that occurred in the past 5 years for domestic flights and 2 years for international flights.

If your flight is delayed at the airport, the airline is required to let you know about it promptly. They must also inform you about the flight’s new expected departure time.

Following this, the airline must provide an update on the delayed departure time every 30 minutes. The airline must also provide you with a written explanation about the delay if you request it.

The longer a delay is, the more essentials you’re entitled to. 

Over 1 hour: You must be provided with access to communication – for example, a telephone call or Wi-Fi access for emailing, etc.

Over 2 hours: You must be provided with meals appropriate for the time of day. The airline may either provide food, or it can hand out meal vouchers to waiting passengers.

Over 4 hours: You have the right to ask for a refund or a replacement for your delayed flight. If you still want to travel, but the delay is overnight, the airline must provide accommodation.

After a 4-hour flight delay, airlines must offer accommodation if an overnight wait is required. So, for example, no compensation is required if you have a 5-hour wait during the day.

Airlines must also provide transfers to the accommodation.

If you live in the city of departure, the airline doesn’t have to offer you accommodation, but they must offer you the transfers to your home.

When your flight is delayed over 4 hours, canceled, or overbooked, ANAC 400 says airlines must offer the following 3 choices:

• A ticket on another flight

• A refund of the fare, including airport taxes and fees

• A way of getting to their destination via other means – e.g., a bus ticket plus transfers

In addition, transferring to another flight or route to your destination must be offered for free.

Passengers who opt for a ticket on another flight can choose to take the next available flight, regardless of whether that flight is with their airline or a competitor. Alternatively, they can take a later flight operated by their airline at a time and on a date that suits them.

Either way, passengers who are rebooked then have priority over other passengers on that flight. This means that if your replacement flight was overbooked, you can't be asked to give up your seat.

You will be entitled to the care detailed above until you depart on your flight or alternative transport. Although the right to care will end if you opt for a refund.

Airlines may need to make changes to your flight. For example, the departure time could be later, or they may change your direct flight to a connecting flight. If this happens to you, ANAC 400 offers some protection.

The airline can make the following changes, so long as it lets passengers know about the change at least 72 hours before the original departure time.

If your flight changes by more than this, or if the airline does not inform you of a change more than 72 hours in advance, it must offer you either:

• An alternative flight

• A full refund

If you’re not advised about the flight change and subsequently turn up at the airport for your original departure time, the airline must rebook or reimburse you for your flight. It can also provide you with alternative transportation, such as a bus, taxi, ship, or a private driver service like Uber. Plus, the airline must take care of your food, drink, and accommodation where necessary.

Brazilian laws act to discourage airlines from overbooking flights, which can lead to denied boardings.

If you’re on a flight that’s been overbooked, the airline will look for a volunteer to give up their seat. That passenger must be compensated, but the passenger and airline are free to agree exactly what that compensation looks like.

If no volunteers are found, airlines may deny boarding to some passengers. These passengers must be offered an alternative flight, the care outlined above, and additional compensation. This compensation is set under ANAC 400 and is payable immediately.

ANAC 400 compensation amounts are in Special Drawing Rights or SDR. However we find that passengers can often claim more than this, up to €1,550.

Be aware: sometimes airlines will ask you to sign a volunteer overbooking form. Don’t do that unless you voluntarily give up your seat. Ask instead to sign for involuntary denied boarding.

Another ANAC resolution, Nº 280, covers the rights of air passengers with additional needs. This law recognizes that the following passengers may require more assistance when they fly:

• Passengers aged 60 and over

• Pregnant and breastfeeding passengers

• Passengers accompanied by an infant (a child under 2)

• Passengers with reduced mobility

• Any passenger with a specific condition that limits their autonomy

The airline is required to offer these passengers appropriate care and assistance while they are at the airport and during the flight.

Passengers with additional needs, as defined above, also have priority when flights are delayed or canceled. If passengers are offered a replacement flight, those with additional needs will be reallocated onto new flights first.

Passengers with additional needs must also be offered accommodation whenever there is a wait of 4 or more hours, regardless of whether the delay means an overnight wait.

ANAC 400 says that airlines must provide customers with at least one electronic service channel for complaints, information, flight changes and terminations, and refunds.

Airlines also must provide in-person assistance at the airport to provide information, field complaints, and take responsibility for flight delays, cancellations, disruptions, and boarding denials.

These services must be provided in a separate and properly identified location, such as at the check-in desk. They also must be available for at least two hours before takeoff and after landing. Complaints must be answered within 10 days or less.

ANAC 400 is a Brazilian law that protects air passengers. It provides remedies for flight overbookings, delays, changes, and cancellations, including alternative flights or refunds

In addition to the rights provided under ANAC 400, Brazil’s Consumer Code allows you to claim compensation for material and moral damages if your flight is disrupted.

Material damages are your financial losses that result from the disruption, and require receipts.

Passengers can also receive compensation for moral damages. This money is intended to make up for your wasted time, missed opportunities, and/or poor treatment by the airline.

This depends how long the delay is:

Over 1 hour: Access to communication, e.g., Wi-Fi access for emails.

Over 2 hours: Meals appropriate for the time of day.

Over 4 hours: Passengers choose if they still wish to travel. If you do, you’ll get food and accommodation if the delay goes overnight. If you don’t you can get a refund or a replacement flight.

Here's the official text of ANAC 400.