Business travellers accustomed to automatic payouts for late flights face a new legal landscape. On 8 February 2026 the 4th Panel of Brazil’s Superior Court of Justice (STJ) ruled that a mere delay or cancellation no longer creates a presumption of moral (non-material) damages. Passengers must now prove that the disruption caused actual emotional distress beyond everyday inconvenience to receive compensation.
The case involved a traveller on a regional service between Chapecó (SC) and Sinop (MT) who arrived more than 24 hours late and successfully sued for R$10,000 in moral damages in lower courts. The airline appealed, arguing that while it is strictly liable for material losses—hotel, meals, alternative transport—non-material harm should not be presumed. The STJ agreed, sending the case back for fresh fact-finding.
Business travellers juggling visas, vaccinations and tight itineraries can also cut administrative friction: VisaHQ’s digital platform streamlines Brazilian visa and passport processing, provides real-time status updates and dedicated support, and integrates neatly with corporate mobility workflows. More information is available at https://www.visahq.com/brazil/
![Brazil’s Top Court Tightens Rules for Flight-Delay Compensation]()
Aviation lawyers say the judgment brings Brazilian jurisprudence closer to European Union practice, where carriers owe fixed sums only after three-hour delays and where moral damages are seldom awarded. For global-mobility budgets the ruling could curb litigation costs that have risen sharply since 2019, when Brazil’s small-claims courts began granting moral-damage awards almost automatically. Carriers have long complained that the trend inflated ticket prices by embedding legal risk in fares.
What does this mean for corporate travel? Companies should adjust traveller briefings: receipts remain essential to recover out-of-pocket expenses, and evidence such as missed client meetings, medical appointments or family events may now be required to claim additional damages. Travel-risk teams should also track a related case pending before the Supreme Federal Court (STF), which will decide whether aviation disputes fall under the Consumer Protection Code or the Brazilian Aeronautical Code—a choice that could further reshape indemnity rules.
In the interim, experts expect airlines to reinforce proactive service recovery—re-routing, hotel vouchers, meal credits—to limit claims. Mobility managers, meanwhile, might reassess the cost-benefit of flight-delay insurance add-ons, especially for mission-critical trips where timing is crucial.
The case involved a traveller on a regional service between Chapecó (SC) and Sinop (MT) who arrived more than 24 hours late and successfully sued for R$10,000 in moral damages in lower courts. The airline appealed, arguing that while it is strictly liable for material losses—hotel, meals, alternative transport—non-material harm should not be presumed. The STJ agreed, sending the case back for fresh fact-finding.
Business travellers juggling visas, vaccinations and tight itineraries can also cut administrative friction: VisaHQ’s digital platform streamlines Brazilian visa and passport processing, provides real-time status updates and dedicated support, and integrates neatly with corporate mobility workflows. More information is available at https://www.visahq.com/brazil/
Aviation lawyers say the judgment brings Brazilian jurisprudence closer to European Union practice, where carriers owe fixed sums only after three-hour delays and where moral damages are seldom awarded. For global-mobility budgets the ruling could curb litigation costs that have risen sharply since 2019, when Brazil’s small-claims courts began granting moral-damage awards almost automatically. Carriers have long complained that the trend inflated ticket prices by embedding legal risk in fares.
What does this mean for corporate travel? Companies should adjust traveller briefings: receipts remain essential to recover out-of-pocket expenses, and evidence such as missed client meetings, medical appointments or family events may now be required to claim additional damages. Travel-risk teams should also track a related case pending before the Supreme Federal Court (STF), which will decide whether aviation disputes fall under the Consumer Protection Code or the Brazilian Aeronautical Code—a choice that could further reshape indemnity rules.
In the interim, experts expect airlines to reinforce proactive service recovery—re-routing, hotel vouchers, meal credits—to limit claims. Mobility managers, meanwhile, might reassess the cost-benefit of flight-delay insurance add-ons, especially for mission-critical trips where timing is crucial.
