Your Passenger Rights Under Brazil’s ANAC 400 Regulation

While many travelers are familiar with EU Regulation 261, Brazil follows a different legal framework. If your flight departs from a Brazilian airport, your protections fall under the Brazilian National Civil Aviation Agency Resolution Nº 400, commonly called ANAC 400.

This guide explains who is covered, what assistance airlines must provide, when compensation applies, and how you can take action, especially if your flight was overbooked, or you were denied boarding.

What Is the ANAC 400 Regulation?

ANAC 400 is a consumer protection regulation published by the Brazilian Civil Aviation Authority (ANAC). It defines the General Conditions of Air Transport, outlining what airlines must provide to passengers before, during, and after a trip. It covers several aspects, including:

• Ticket pricing transparency
• Rules for rescheduling and refunds
• Cabin and checked baggage requirements
• Identification requirements for boarding
• Communication and treatment during disruption
• Financial compensation for denied boarding

What are your rights under the Brazilian regulation?

The rights listed below apply to passengers on flights departing from any airport in Brazil. These protections apply regardless of airline nationality.

Flight Delays

If your flight is delayed, the airline has to inform you immediately and update the departure forecast every 30 minutes.

While there is no financial compensation for delayed flight, you can request a full refund or rebooking if your flight is delayed by more than 4 hours. 

The airline is also obligated to inform you about any scheduled changes at least 72 hours in advance of your flight.  

You also have a right to care by the airline in the form of food and drink vouchers. Under ANAC 400, care is linked to how long you wait at the airport:

You can check out our guide on flight delay compensation to learn more about your rights worldwide. 

Flight Cancellations

If your flight is cancelled, ANAC 400 gives you the right to choose the solution that best works for your travel plans, including:

• Full refund
• Rebooking on the same airline or another one
• Alternative transport (other mode of travel, if available)

Similarly to delays, there isn’t a financial compensation for flight cancellations, but you’re entitled to care provided by the airline while you’re waiting. 

If you want to review the difference between EU and non-EU protection, you can read more about flight cancellation compensation rights.

Denied Boarding (Overbooking)

In cases of denied boarding, passengers are entitled to compensation as this is a reason the airline could’ve prevented. Types of denied boarding include overbooking, changing of the aircraft resulting in fewer available seats, operational issues. 

Airlines will typically ask passengers to give up their seats voluntarily. If not enough passengers opt out from flying, representatives at the gate will choose passengers at random.

You’re entitled to compensation for denied boarding if you were denied boarding involuntarily:

• 250 SDR (~ €310) for domestic flights
• 500 SDR (~ €620) for international flights

The final value is calculated using the exchange rate at the moment of payment. As a reference, these rates may vary depending on each case.

To learn more about similar situations in other regions, you can read about overbooked flight compensation and denied boarding compensation.

What Flights Are Eligible for Compensation Under Brazilian Regulation?

The ANAC 400 regulation applies to passengers departing from airports located in Brazil, regardless of the airline’s nationality. This includes:

Domestic and international flights departing from Brazil

You are covered whether you are travelling within Brazil or to another country, as long as your departure airport is in Brazil and the disruption was caused by the airline, not extraordinary or external circumstances.

Charter flights sold to the public

Charter flights may also be covered when individual seats are sold directly to passengers, meaning the travel contract functions similarly to that of a regular commercial flight.

Let’s see some examples to make it clear:

How to Claim Compensation Under ANAC 400

When you’re claiming compensation, you can choose either to submit a claim with the airline or trust the services of a flight compensation company like SkyRefund. 

For a faster, structured process, SkyRefund manages the entire claim from start to finish:

Step 1: Check if you’re eligible for compensation

All you need to do is enter your flight details to confirm whether ANAC 400 applies to your journey. You can do so using our compensation calculator below. If your flight is eligible for compensation, our calculator will direct you to the next step

Step 2: Enter your flight details

You’ll need to add some personal information, the name of the airline, any additional stops, flight number and date, and the reason for the disruption. 

Step 3: Submit your claim for compensation

Once you’ve entered your details, all you need to do is click on “submit” and our team will take care of your case. We communicate with the airline and, if required, manage proceedings with the relevant authorities.

Important reminder: You are only entitled to financial compensation under ANAC 400 for denied boarding, not for delayed or cancelled flights.

How long do you have to submit a claim for compensation under Brazilian regulations?

Brazil follows consumer law deadlines rather than a deadline specific to ANAC 400. Under the Brazilian Consumer Protection Code, you may file a legal claim up to 5 years after the disruption.

Even with a long deadline, it is recommended to keep evidence from the day of travel, including:

• Boarding passes
• Digital confirmations
• Receipts for meals, hotel, or transport
• Written communication from the airline

Compensation and Assistance Under Brazilian Rules

Talking about compensation and assistance, there are certain points to be aware of, depending on the scenario:

Refund or Rebooking

You may choose refund or rebooking if your flight is cancelled or delayed for more than 4 hours, or if the change forces you to abandon your trip. Refunds must be processed within 7 days using the same payment method.

Denied Boarding Compensation

Only applies when the airline denies boarding involuntarily. Values are fixed in SDR and do not depend on flight distance.

Material Assistance

This form of protection helps passengers manage unexpected costs while waiting. It does not replace financial compensation and is based solely on waiting periods.

How can SkyRefund help?

SkyRefund empowers travelers to understand and exercise their air rights. Our aviation experts handle document preparation, communication with airlines, and legal follow-up when needed.

If you are unsure whether your situation qualifies under Brazilian rules or another international framework, you can start by using our free compensation calculator.

In the end, we operate on a no-win, no-fee basis; we take on the risks so you can focus on your travel plans.