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

You’re typically eligible for compensation when your flight’s delayed, cancelled, or overbooked, or if your schedule is changed with less than 72 hours’ notice. Missed connections through the fault of the airline also count.

The rule is simple: flight disruptions cost you time, money, and peace of mind. If the airline doesn’t look after you, Brazil’s Consumer Code gives you the right to claim compensation.

Several things affect your payout, including how long the flight was, how badly the disruption affected your trip, how much care the airline gave you, and what caused the problem in the first place.

These are the out-of-pocket expenses you accumulate because of a flight disruption. If you’re stranded in a city you didn’t plan to visit, the bills add up fast, including meals, hotel stays, taxi rides, or even tickets to an event you missed because your flight never got you there.

The good news? Under Brazilian law, you can claim these costs back from the airline. If a delay or cancellation left you paying extra, you don’t have to just swallow the loss.

Flights aren’t just about travel — they’re about the moments you’re travelling for. Missing a wedding, a graduation, or family holiday can’t be refunded.

That’s why Brazilian law also covers moral damages — the stress, wasted time, and missed opportunities caused by an airline’s mishandling of your trip. You can claim not only for money spent, but also for the experiences you’ve lost.

It can take from a few weeks to a few months depending on circumstances, including whether our partner attorneys have to go to court to secure your compensation. 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.

When an airline changes your flight, it could be a simple delay, or they may turn your direct route into a connecting one. Fortunately, ANAC 400 offers protection in these situations.

Airlines are generally permitted to make the following small changes, provided they notify you at least 72 hours before the original scheduled departure:

If your flight change is longer than the limits above, or if the airline fails to tell you more than 72 hours in advance, they must offer you one of the following:

• An alternative flight

• A full refund

If the airline fails to notify you of a change and you arrive at the airport at the original time, they must either rebook your flight or provide a full refund. Additionally, they must offer you alternative transport like a bus, taxi, ship, or a private driver service like Uber, and cover any necessary food, drink, and accommodation costs.

The airline must tell passengers promptly if a flight is delayed and what time it’s expected to depart.

In addition, passengers must be updated on the delayed departure time every 30 minutes and provided with a written explanation about the delay if requested.

The longer a flight delay is, the more care you can expect.

Over 1 hour: You must be provided with a telephone, Wi-Fi, or some other form of communication.

Over 2 hours: The airline must offer meals that are appropriate for the time of day. Alternatively, it can offer meal vouchers to waiting passengers.

Over 4 hours: At this point, you can ask for a refund or a replacement for your delayed flight. The airline must provide accommodation and transfers if the delay is overnight and you still want to fly, unless you live in the city of departure, in which case it has to pay for your ride home.

If your flight is overbooked, delayed over 4 hours, or cancelled, the airline must give you three options:

1. A ticket on a new flight – You can be rebooked on the next available flight (even if it’s with another airline) or choose a later flight with your original airline at a time that works for you.

2. A full refund – Including your fare, airport taxes, and fees.

3. Alternative transport – For example, a bus ticket with transfers to get you to your destination.

Rebooking is always free, and you’ll get priority boarding on your replacement flight. So if your new flight’s overbooked, you won’t have to give up your seat.

Until you leave on your new journey (flight or alternative transport), the airline must provide meals, refreshments, and accommodation, if needed. Just note that if you choose a refund, the right to care ends there.

Airlines sometimes sell more tickets than there are seats on the plane. When that happens, some passengers may be denied boarding. Brazilian law protects you in these situations.

Step 1: The airline asks for volunteers.

If your flight’s overbooked, the airline will first ask if anyone is willing to give up their seat. Any volunteers are entitled to compensation, which they must negotiate directly with the airline.

Step 2: If no one volunteers, the airline chooses.

If the number of volunteers is too low, the airline may deny boarding to some passengers. Those who are involuntarily bumped are entitled to:

• An alternative flight

• The duty of care services we explained above (meals, accommodation if needed, etc.)

Such passengers are also entitled to Immediate compensation set by ANAC 400.

ANAC 400 compensation amounts are in Special Drawing Rights or SDR. However we find that passengers can often claim more than this, up to £1,300.

Important tip: If you didn’t volunteer to give up your seat, don’t sign a “voluntary overbooking” form. Always ask to sign as involuntary denied boarding so your full rights and compensation are protected.

ANAC resolution Nº 280 protects passengers with additional needs when they fly. These include:

• 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

These passengers must receive appropriate care and assistance both at the airport and during their flight. They also have priority when flights are delayed or cancelled and will be reallocated onto a new flight first if their original flight was delayed or cancelled.

Finally, passengers with additional needs must also be offered accommodation whenever there’s a wait of 4 hours or more, even if no overnight wait is needed.

Airlines are required under ANAC 400 to offer customers at least one electronic channel for managing complaints, seeking information, processing flight changes and cancellations, and handling refunds.

Additionally, airlines must provide in-person assistance at the airport to address complaints, provide information, and manage issues related to delays, cancellations, disruptions, and denied boarding.

This in-person service must be available at a distinct, clearly marked location (such as the check-in counter) for a minimum of two hours both before departure and after arrival. All customer complaints must receive a response within 10 days or less.

ANAC 400 is a Brazilian law that protects air passengers. If a flight is overbooked, delayed, changed, or cancelled, required remedies include alternative flights or refunds, depending on the situation.

In addition to the rights provided under ANAC 400, Brazil’s Consumer Code permits UK passengers to claim compensation for material and moral damages if their flight is disrupted.

Material damages are extra expenses that result from the disruption and require receipts. Moral damages help make up for wasted time, missed opportunities, and/or poor treatment by the airline.

The longer the delay, the more care passengers are entitled to.

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.