Flight Delayed or Cancelled in Brazil? ANAC Resolution 400
In Brazil, the main passenger rights rules are in ANAC Resolution No. 400 of 2016, the General Conditions of Air Transport set by the National Civil Aviation Agency (ANAC). ANAC updated it with Resolution No. 813 of 2026, which takes effect on October 26, 2026. It applies to flights in Brazil and to flights departing from or arriving in Brazil.
What changed in October 2026
- Airlines must tell you, at purchase, that weather, safety requirements, and other factors can affect a flight.
- When a delay, cancellation, or interruption happens, the airline must inform you through digital channels as soon as it knows, with the expected departure, rebooking options, and how to get meals and lodging.
- The old 1-hour "communication" step was removed. Care now focuses on food, lodging, and transportation.
- In exceptional cases (such as a proven lack of local suppliers), the airline may reimburse reasonable, documented expenses for food, transportation, and lodging instead, within 7 days.
Care during the wait ("assistência material")
Care is based on how long you have been waiting:
- After 2 hours: food, through a voucher, a meal, or an equivalent solution.
- After 4 hours, when an overnight stay is needed: lodging plus transportation to and from it.
ANAC states that these obligations apply even in cases of force majeure such as weather.
Rebooking, refund, or other transport
When a flight is delayed more than 4 hours, cancelled, or interrupted, or a passenger is denied boarding, Resolution 400 requires the airline to offer options: rebooking, a refund, or completing the trip by another means of transport. Keep in mind that choosing a refund can affect the other options.
What about compensation?
Resolution 400 does not set a fixed cash amount for delays. Claims for damages caused by delays or cancellations are handled under Brazilian law and, if needed, the courts. The 2026 update restates those legal rules inside the resolution to make them easier to understand.
Main airports and airlines
Airports include São Paulo Guarulhos (GRU), São Paulo Congonhas (CGH), Rio de Janeiro Galeão (GIG), Rio Santos Dumont (SDU), Brasília (BSB), Campinas Viracopos (VCP), Belo Horizonte Confins (CNF), Salvador (SSA), Recife (REC), and Fortaleza (FOR). Airlines include LATAM Brasil, GOL, and Azul.
Where to complain
First use the airline's customer service channels. If the problem is not solved, register a complaint on ANAC Passageiro: gov.br/anac/pt-br/canais_atendimento/anacpassageiro. Brazil's consumer platform consumidor.gov.br is another option.
FAQ
Do I get meals if the delay was caused by weather? Yes. ANAC says care such as food and lodging applies even in force majeure cases.
When do the 2026 changes start? Resolution 813/2026 takes effect on October 26, 2026. Earlier disruptions follow the rules as they stood at the time.
Does Brazil have a fixed compensation table like EU261? No. Resolution 400 sets care, rebooking, and refund rules, not a fixed cash amount.
Related guides
- Flight cancelled? What to ask for
- Missed a connection because of a delay?
- Flight delay rules around the world
Create your letter
Delay Draft writes a clear, professional letter that you send to the airline yourself. It lists your flight, the times, the cause you were given, and the rule you are relying on. We are not a law firm, we do not give legal advice, and we do not file claims for you. Questions: claims@delaydraft.com.