Brazil ANAC Passenger Rights: Your Compensation Rights on Brazilian Flights

Brazil's National Civil Aviation Agency (ANAC) issued Resolution 400 in 2016, creating one of Latin America's most comprehensive passenger rights frameworks. Resolution 400 applies to all domestic flights in Brazil and to international flights operated by Brazilian carriers. It sets mandatory standards for delays, cancellations, denied boarding, and duty of care.

Key scope: ANAC Resolution 400 applies to GOL, LATAM Brazil, Azul, and all other carriers operating domestic Brazilian routes. For international flights to Brazil on foreign carriers, Brazil's rules apply alongside the Montreal Convention 1999. If your international flight departed an EU airport, EU261 also applies.

Brazil's regulation is significantly more passenger-friendly than the United States' framework and shares some features with EU261. It requires airlines to offer alternative solutions quickly and provides mandatory care obligations from the first hour of delay. For comparison, see US DOT passenger rights.

ANAC Resolution 400 sets care obligations based on the duration of the delay:

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  Delay of 1 hour: The airline must provide communication tools (phone calls or internet access) to allow passengers to contact family or business contacts.

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  Delay of 2 hours: The airline must provide meals and refreshments appropriate to the time of day.

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  Delay of 4 hours: The airline must offer a full refund, rebooking on the next available flight (including other airlines if necessary), or rebooking on a later date of the passenger's choice. This is the key threshold for material rights.

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  Delay of 4 or more hours with overnight wait: Hotel accommodation and transport between the airport and hotel must be provided.

The 4-hour threshold is critical in Brazil. Unlike EU261 (which triggers at 3-hour arrival delays for compensation), Brazil's Resolution 400 gives passengers a refund or rebooking option after a 4-hour departure delay. The right to choose between refund and rebooking is a powerful consumer right not present in many other countries' aviation regulations.

If your Brazilian domestic or ANAC-covered flight is cancelled, Resolution 400 requires:

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  Less than 72 hours notice: The airline must offer a full refund, rebooking on the next available flight, or accommodation and food for the wait.

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  More than 72 hours notice: The airline must inform passengers and offer a full refund or alternative travel. This is considered sufficient notice and the duty-of-care obligations are reduced.

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  At the airport: If the cancellation is announced at the airport, all duty-of-care obligations (communication, meals, accommodation) apply immediately.

ANAC versus EU261 on cancellations: EU261 provides fixed cash compensation (250-600 EUR) for cancellations with less than 14 days notice. ANAC Resolution 400 focuses on care and refund options rather than fixed cash compensation. Brazil's system is more operationally focused; EU261 adds a punitive fixed payment component.

Brazil's Resolution 400 requires airlines to first solicit volunteers before denying boarding involuntarily. Key rules:

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  Airlines must ask for volunteers before bumping passengers against their will. Volunteers agree to compensation terms negotiated directly with the airline.

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  Involuntarily denied passengers are entitled to: a full refund, or rebooking on the next available flight (same day preferred), plus all applicable care benefits.

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  Material compensation for involuntary denied boarding is not fixed by ANAC at a statutory amount. Instead, the passenger can pursue damages through the consumer protection system.

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  PROCON (the state-level consumer protection agency) and SENACON (the national secretariat) handle complaints about denied boarding compensation.

1. 1

   Contact the airline directly. Brazilian airlines are required to have a dedicated SAC (Service to Customer) hotline available 24 hours a day.

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   File with consumidor.gov.br, Brazil's national consumer complaint platform. Airlines are registered on the platform and must respond within 10 business days.

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   File with ANAC directly at anac.gov.br for aviation-specific complaints about Resolution 400 violations.

4. 4

   File with PROCON in your state for consumer protection enforcement. PROCON can issue fines and compel compensation.

5. 5

   For small civil claims, the Juizado Especial Cível (Special Civil Court) handles claims up to 40 minimum wages without requiring a lawyer and is widely used for airline delay disputes in Brazil.

Brazil's consumidor.gov.br platform has a high airline responsiveness rate. Airlines like GOL and LATAM respond within the required 10-day window in the majority of cases, and many disputes are resolved without formal litigation. For compensation exceeding consumidor.gov.br's soft resolution capacity, the Juizado Especial is the most efficient escalation path.

Brazil ratified the Montreal Convention 1999, which governs international flight delay liability. For international flights operated by Brazilian carriers (GOL, LATAM, Azul) from Brazilian airports, Montreal applies alongside ANAC's rules. Key points:

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  Montreal allows recovery of actual provable financial losses up to 4,694 SDR per passenger.

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  Brazilian courts apply Montreal to international delay claims but often combine it with Resolution 400's duty-of-care obligations.

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  LATAM, as a Latin American carrier with operations in multiple countries, is subject to local passenger rights laws in each country of operation. LATAM flights from EU airports are covered by EU261.

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  GOL's international routes (mainly to the US and nearby countries) are governed by Montreal for delay compensation.

If you are a Brazilian traveler connecting through Europe, your EU legs are covered by EU261 for fixed compensation up to 600 EUR. TravelStacks handles these claims on a no-win no-fee basis, even for passengers whose journey originated in Brazil.

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  Save all boarding passes, booking confirmations, and receipts. Brazilian consumer courts are evidence-friendly and document-based claims succeed at high rates.

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  Take screenshots of the airline's app or FIDS at the airport showing the delay status and timestamps.

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  Ask the airline agent to provide written confirmation of the delay reason. This is useful for ANAC complaints and court proceedings.

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  Use consumidor.gov.br as your first escalation. The platform is free, digital, and has documented high success rates for airline disputes.

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  For overnight delays, insist on hotel accommodation under Resolution 400. If the airline refuses, book a hotel and keep the receipt for reimbursement.

Brazil's consumer protection infrastructure for airline disputes is among the most accessible in Latin America. The combination of ANAC Resolution 400, consumidor.gov.br, and the Juizado Especial gives passengers practical tools to enforce their rights without lawyers. For international flight legs covered by EU261, file at TravelStacks.

Common questions about ANAC Resolution 400 and Brazilian flight passenger rights.