Brazil Rights

MySkyHelp: Your Trusted Partner for Flight Compensation & Rights in Brazil

Been impacted by a delayed, cancelled, or overbooked flight in Brazil? Brazilian airline passenger rights are among the most comprehensive globally, governed primarily by the National Civil Aviation Agency (ANAC - Agência Nacional de Aviação Civil), specifically ANAC Resolution No. 400/2016. These robust regulations aim to protect passengers from various disruptions, providing clear guidelines for both essential assistance and significant financial compensation. MySkyHelp is here to simplify these complexities, fighting for every entitlement you deserve.

Understanding Brazilian Airline Passenger Rights. What ANAC Says Brazilian Flight Compensation:

Your Rights Under ANAC Resolution No. 400

When flying within, to, or from Brazil, your passenger rights are meticulously outlined by ANAC Resolution No. 400. This regulation covers a wide range of flights, ensuring protection regardless of nationality or airline, as long as the flight:

• Is a domestic flight within Brazil.

• Is an international flight departing from or arriving at a Brazilian airport.

• Is a connecting flight that passes through a Brazilian airport.

• Had its ticket issued in Brazil, even if the flight was operated abroad.

These regulations differ significantly from those in some other regions, actively recognizing the value of your time and aiming to compensate for inconvenience and lost opportunities, not just direct costs.

Key Protections Under ANAC Resolution No. 400/2016:

1. Right to Information: If your flight is disrupted, the airline is obligated to inform you promptly about the new departure time and the reason for the issue. They must provide updates on any further delays every 30 minutes. Upon request, you are entitled to a written explanation for the delay or cancellation.

2. Right to Care (Material Assistance): This essential assistance is provided by the airline, based on the waiting time from the original scheduled departure, regardless of the disruption's cause:

   • 1+ hour delay: Access to communication facilities (e.g., phone calls, Wi-Fi for emailing).

   • 2+ hours delay: Provision of meals or meal vouchers at appropriate times.

   • 4+ hours delay: If you cannot be immediately re-accommodated, the airline must provide adequate accommodation (hotel) and ground transportation between the airport and the hotel. If you are in your home city, only transport to and from home is required.

3. Right to Reimbursement or Rebooking: When flights are significantly delayed (exceeding 4 hours) or cancelled, you, the passenger, have the right to choose your preferred course of action. Airlines must provide you with the following three options:

   • Alternative Flight to Destination: Rebooking on the next available flight to your destination, even with a different airline, at no extra cost. You will receive priority boarding.

   • Full Fare Refund: A full refund covering the entire fare, including airport taxes and fees, for the unused portion of your ticket. If you've already flown part of your journey and the remaining leg is pointless due to the disruption, you can also claim a refund for the flown portion and a return flight to your initial departure point.

   • Alternative Route by Other Means: Provision of a different route to your destination using alternative transportation (e.g., bus ticket plus transfers, train, or even a private driving service like Uber, if applicable and reasonable).

   • Important: If you choose a full refund, you typically forfeit your right to ongoing "Right to Care" assistance.

4. Rights if the Airline Changes Your Flight (Schedule Change): Airlines may unilaterally alter your flight schedule. ANAC 400 provides protection if these changes are significant:

   • Minor Changes (No Action Required): If the airline notifies you at least 72 hours before the original departure time, they can make:

     • Domestic flight changes of +/- 30 minutes.

     • International flight changes of +/- 1 hour.

   • Significant Changes (Your Choice Activated): If the change exceeds these limits, or if the airline fails to notify you at least 72 hours in advance, you are entitled to one of the following options:

     • A different flight.

     • An entire refund.

     • If you arrive at the airport at your originally scheduled departure time without receiving a timely notification of the change, the airline must rebook your ticket or pay you, and importantly, provide all necessary care (food, drink, lodging, alternative transportation like bus, cab, ship, or private driving service as needed).

5. Rights for Denied Boarding (Overbooking): Brazilian laws strictly regulate overbooking. Airlines are required to seek volunteers to give up their seats in exchange for negotiated benefits. If insufficient volunteers come forward, and you are involuntarily denied boarding, the airline must:

   • Provide all necessary "Right to Care" material assistance based on waiting time.

   • Offer you the choice of rebooking or a full refund.

   • Pay immediate cash compensation at the airport, determined by ANAC 400:

     • US$345 (SDR 250) for domestic flights.

     • US$690 (SDR 500) for international flights.

   • Important: If an airline requests you sign a "volunteer" form, do not sign it if you do not wish to give up your seat. Insist on documentation for "involuntary denied boarding" to protect your right to fixed compensation.

6. Compensation for "Moral Damages" (Loss of Time / Inconvenience): This is a powerful aspect of Brazilian consumer law, recognizing the value of your time and the psychological distress caused by significant flight disruptions.
   For flight cancellations or delays of more than 4 hours upon arrival, Brazilian law allows passengers to seek compensation for "moral damages," capped at US $1,800 per person. Crucially, these regulations recognize the value of your time, missed opportunities, and any unfair treatment you endure without requiring proof of specific financial costs (beyond material damages). This is where Brazilian law provides significant financial recourse beyond basic assistance.

7. Passengers with Special Needs: ANAC Resolution No. 280 specifically addresses passengers requiring extra support, including:

   • Travelers aged 60 and older.

   • Pregnant or nursing passengers.

   • Passengers traveling with a young child (under 2 years old).

   • Passengers with reduced mobility or disabilities that restrict autonomy. The airline is responsible for providing necessary attention and support. In cases of delay or cancellation, these passengers receive priority for rebooking on the new flight and must be accommodated (hotel) regardless of whether the wait necessitates an overnight stay, provided the wait is 4 hours or more.

Expert Insight from MySkyHelp: "Brazilian passenger rights under ANAC 400 are exceptionally strong, offering a robust safety net of both immediate assistance and significant financial compensation, particularly through the 'moral damages' clause. However, airlines may not always proactively offer full compensation, and navigating the nuances to secure it can be complex. MySkyHelp leverages its deep understanding of Brazilian consumer law and ANAC regulations to ensure airlines comply with every aspect of their obligations, maximizing your recovery."

With ANAC 400's comprehensive protections, there are substantial opportunities to claim what you're owed. MySkyHelp's expertise in Brazilian airline practices and legal frameworks is your key to a successful and stress-free experience.

Useful Tips for Passengers:

• Insist on Your Rights: For any delay over 1, 2, or 4 hours, immediately demand the mandated communication, food, and accommodation.

• Document Everything Meticulously:

  • Flight Information: Keep all boarding passes, booking confirmations, and any airline communications (emails, texts).

  • Reason for Disruption: Always get the specific reason for the delay/cancellation in writing from the airline. This is vital for your claim.

  • Expenses Incurred: Keep all receipts for any unexpected expenses (meals, alternative transport, hotel stays) if you had to pay out of pocket. These can be used for "material damages" claims.

• Know Your Compensation Potential: For significant delays (4+ hours), cancellations, or involuntary denied boarding, remember your right to "moral damages" compensation up to $1,800 or the fixed denied boarding amounts.

• Choose Wisely: If offered a refund or rebooking for a significant disruption, weigh your options carefully. Choosing a refund typically means you forgo further assistance rights.

• Time Limit is Key: You have up to 5 years for domestic flights and 2 years for international flights to claim compensation from the date of the incident. Don't delay!

Why MySkyHelp is Your Premier Partner for Brazilian Claims:

• ANAC 400 Masters: We possess unparalleled expertise in ANAC Resolution No. 400, meticulously applying its provisions to secure all your entitlements, from material assistance to "moral damages" compensation. We ensure airlines abide by the letter and spirit of the law.

• "Moral Damages" & Fixed Compensation Specialists: We excel at navigating the complexities of claiming "moral damages" for significant disruptions, and securing the mandated fixed compensation for involuntary denied boarding. We fight for every dollar you're owed.

• Full Service Advocacy: From initial claim assessment to handling all communication with the airline and the Brazilian authorities, we manage the entire process, eliminating your stress and frustration.

• Consumer Code & ANAC Complaint Assistance: If an airline fails to comply, we can guide you through and manage the filing of complaints with ANAC or pursue claims under the Brazilian Consumer Code. We build a compelling case for your maximum recovery.

• Transparent & Risk-Free: Our process is designed to be hassle-free. You only pay if we succeed in getting you compensation.

Case Study: Sofia, a MySkyHelp client, had her flight from Rio de Janeiro to Salvador cancelled last minute due to an airline operational issue, leading to an overnight stay. The airline only offered a meal voucher and rebooking for the next day. MySkyHelp intervened. Not only did we ensure the airline covered her hotel and transportation for the night, but leveraging the "moral damages" clause under ANAC 400, we successfully secured Sofia a compensation payment of US$1,200 for the significant inconvenience and disruption to her plans. Sofia simply provided her flight details to us, and we took care of the rest.

Expert Insight from MySkyHelp: "For passengers flying in or out of Brazil, the comprehensive nature of ANAC Resolution 400 means you have a strong legal backing for both essential assistance and substantial financial compensation. The challenge often lies in knowing your precise rights and effectively asserting them. With MySkyHelp, you gain a powerful ally who ensures airlines comply with their legal obligations and fights for your maximum entitlement, so you don't have to navigate the complexities alone."