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Jan 21, 2026

ANAC to overhaul Brazil’s passenger-rights rulebook amid lawsuit surge

ANAC to overhaul Brazil’s passenger-rights rulebook amid lawsuit surge
Speaking to Times Brasil on the morning of 20 January, director Tiago Pereira confirmed that the National Civil Aviation Agency (ANAC) will launch a public consultation this week to rewrite Resolution 400—the regulation that defines airlines’ obligations for delays, cancellations and baggage mishandling. The overhaul aims to curb the ballooning number of small-claims cases, which topped 130,000 in 2025, driving up legal costs that ultimately feed into ticket prices.

Key proposals leaked to the press include clearer timelines for reimbursement, a ‘broad exemption’ clause for extreme weather, and mandatory cash compensation for rebooking made less than 24 hours before departure. ANAC also wants to simplify the present mixture of vouchers and cash refunds, forcing carriers to offer passengers a choice. An impact study commissioned by the agency found that Brazilian carriers spend up to R$1.2 billion (≈US $240 million) per year on court settlements linked to Resolution 400 ambiguities.

For global mobility teams, the stakes are high. Brazil is the largest domestic market in Latin America, and many expatriate assignments rely on multi-segment itineraries that are particularly vulnerable to schedule changes. A firmer, more transparent compensation framework would give travel managers greater leverage when negotiating service-level agreements with preferred airlines and TMCs.

ANAC to overhaul Brazil’s passenger-rights rulebook amid lawsuit surge


The consultation period is expected to run for 45 days, after which ANAC will publish a final text for board approval in May. Industry groups such as IATA and the Brazilian Consumer Defence Institute will submit formal comments. Airlines warn that blanket cash payouts could trigger fare increases on price-sensitive leisure routes, but consumer advocates argue that stronger deterrents are essential to break the ‘delay-culture’ that has normalised last-minute timetable swaps.

For companies orchestrating frequent trips to Brazil, having the right travel documentation is as critical as understanding new passenger-rights rules. VisaHQ’s Brazil hub (https://www.visahq.com/brazil/) streamlines visa and passport processing, offers real-time updates on consular requirements, and provides bulk-order management tools for corporate mobility teams—helping avert itinerary disruptions and complementing the protections envisaged by ANAC’s updated Resolution 400.

Budget support matters too: Pereira revealed that ANAC’s 2026 allocation will rise to R$153.9 million, enabling 120 new inspectors and a revamp of the agency’s digital complaints portal. Mobility professionals should follow the consultation closely and update traveller-rights training once the final version is issued, likely in the third quarter.(timesbrasil.com.br)
VisaHQ's expert visas and immigration team helps individuals and companies navigate global travel, work, and residency requirements. We handle document preparation, application filings, government agencies coordination, every aspect necessary to ensure fast, compliant, and stress-free approvals.
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