Brazil — Flight Compensation Rights
ANAC Resolution 400 — your rights when flying from Brazil
If your flight departed a Brazilian airport, ANAC Resolution 400 protects you. Delays of 4+ hours, cancellations, and denied boarding entitle you to compensation and assistance. Airlines must provide meals, accommodation, and rebooking — and may owe you financial compensation.
Maximum compensation
R$3,000
per passenger, per flight
Claim time limit
5 years
Regulation
ANAC Resolution 400 (Resolução ANAC nº 400/2016)
Enforcement body
ANAC
Compensation amounts in Brazil
Brazil's ANAC Resolution 400, in force since March 2017, establishes passenger rights for all domestic and international flights departing Brazilian airports. It covers delays of 4 hours or more, cancellations, denied boarding, and baggage issues. The regulation is enforced by ANAC (Agência Nacional de Aviação Civil) and applies to all airlines operating in Brazil regardless of nationality.
Tier 1
Up to 1,500 km
Short-haul
R$1,000
Tier 2
1,500–3,500 km
Medium-haul
R$2,000
Tier 3
Over 3,500 km
Long-haul
R$3,000
Claim time limit: 5 years
Under the Brazilian Consumer Protection Code (CDC), passengers have 5 years from the date of the disrupted flight to file a claim in court. ANAC administrative complaints should be filed as soon as possible, ideally within 30 days of the incident.
Who enforces your rights in Brazil
National enforcement authority
Agência Nacional de Aviação Civil (ANAC)
ANAC accepts passenger complaints via its online portal (Sistema de Atendimento ao Consumidor de Aviação Civil — SAC). Passengers can also file complaints with PROCON (consumer protection agency) or pursue claims in the Juizado Especial Cível (small claims court). ANAC can impose fines on airlines but does not directly award compensation to passengers — court action is often required for monetary claims.
Key airports in Brazil
All flights departing these airports are covered by ANAC 400.
Airlines covered in Brazil
These carriers operate ANAC 400-covered flights from Brazil's airports.
What makes Brazil different
Country-specific legal nuances that affect how you claim.
4-hour delay threshold — stricter than EU
Unlike EU261 (3 hours), ANAC Resolution 400 requires a 4-hour delay before compensation obligations are triggered. However, airlines must provide meals and communication vouchers after just 1 hour of delay.
Moral damages (danos morais) can significantly increase awards
Brazilian courts routinely award 'danos morais' (moral damages) on top of material compensation. These can range from R$2,000 to R$10,000+ depending on the severity of the disruption and the passenger's distress. This makes Brazilian court claims potentially more valuable than the base regulation suggests.
ANAC complaints do not automatically result in compensation
Filing with ANAC is important for the record, but ANAC can only fine the airline — it cannot order the airline to pay you directly. To receive monetary compensation, you must file in the Juizado Especial Cível (small claims court), which is free for claims up to 20 minimum wages.
Overbooking (preterição de embarque) has specific rules
Airlines must first seek volunteers before denying boarding. Involuntary denied boarding entitles passengers to rebooking, full refund, or compensation. Airlines must also provide meals, accommodation, and transport.
How to claim in Brazil
Brazilian passenger rights claims follow a two-track process: an administrative complaint with ANAC (for the record and potential airline fines) and a civil court claim (for actual monetary compensation). The Juizado Especial Cível is free and accessible.
Submit your claim
Tell us your flight details and we'll assess your entitlement under ANAC 400 — no upfront cost.
Escalate if needed
File a complaint with ANAC via the SAC portal (sistemaanac.anac.gov.br) and simultaneously with PROCON in your state. Keep all documentation: boarding passes, receipts for expenses, and any airline communications.
Receive your compensation
If the airline does not resolve your claim within 30 days, file in the Juizado Especial Cível (small claims court). No lawyer is required for claims up to 20 minimum wages. Bring all documentation and your ANAC complaint number.
Frequently asked questions — Brazil
Does ANAC Resolution 400 apply to international flights?
Yes — ANAC 400 applies to all flights departing Brazilian airports, including international flights. For flights arriving into Brazil from abroad, the regulation of the departure country applies.
What assistance must airlines provide during a delay?
After 1 hour: communication vouchers (phone/internet). After 2 hours: meals/food vouchers. After 4 hours: rebooking or full refund. After overnight delay: accommodation and transport.
Can I claim for a domestic Brazilian flight?
Yes — ANAC 400 covers all domestic flights within Brazil. The same rules apply regardless of whether the flight is domestic or international.
What is the difference between ANAC complaint and court claim?
An ANAC complaint is an administrative process that can result in fines for the airline but does not directly compensate you. A court claim in the Juizado Especial Cível is how you obtain monetary compensation. Both can be pursued simultaneously.
Are weather delays covered?
Weather delays are generally considered force majeure under Brazilian law, which may limit the airline's liability for compensation. However, the duty of care obligations (meals, accommodation) still apply regardless of the cause.
Was your Brazil flight disrupted?
Check your entitlement in under 2 minutes. No win, no fee.