Air Passenger Rights: What the Law Says and How to Seek Compensation

Air transportation is regulated by specific rules that protect passenger rights. In Brazil, the National Civil Aviation Agency (ANAC) and the Consumer Protection Code (CDC – Código de Defesa do Consumidor, Brazil's consumer protection law) ensure minimum guarantees in cases of flight delays, cancellations, overbooking, and lost luggage. This article aims to inform, based on legal grounds, the main consumer rights in these situations and how to seek proper compensation.

📑 Legal Basis

ANAC Resolution No. 400/2016

Consumer Protection Code (Law No. 8,078/1990)

Montreal Convention (Decree No. 5,910/2006)

⏱️ Flight Delay

According to Article 14 of the CDC, the service provider bears strict liability (objective liability, meaning fault does not need to be proven) for failures in service delivery, including delays. ANAC Resolution No. 400/2016 establishes:

From 1 hour: right to free communication (phone, internet);

From 2 hours: meals paid for by the airline;

From 4 hours: option of rebooking, full refund, or transport by another means;

Delay of more than 4 hours or cancellation without prior notice: may give rise to compensation for moral and material damages.

❌ Flight Cancellation

The airline must give at least 72 hours' notice. Otherwise:

The passenger may choose between: rebooking, full refund, or another means of transport;

Any moral and material damages may be subject to judicial compensation.

🧳 Lost or Damaged Luggage

Article 6, VI of the CDC guarantees compensation for material damages. The Montreal Convention imposes strict liability (objective liability):

The passenger must file a report at the airport immediately upon disembarkation;

The airline has up to 7 days to locate the luggage (domestic flights);

If the luggage remains lost, the airline is required to compensate the consumer for the lost items;

Damage to the suitcase or tampering also entitles the passenger to financial compensation.

⚖️ When to Seek a Lawyer

If the airline denies basic rights or causes proven harm, it is advisable to seek legal assistance. Brazilian case law recognizes the possibility of compensation for moral damages in various situations, especially when the airline fails to act or treats the consumer disrespectfully.