Brazil’s National Civil Aviation Agency (ANAC) used the first business day after Sunday’s general election to publish Resolução 813, the most significant overhaul of Brazil’s passenger-rights rule-book (Resolução 400/2016) since its creation ten years ago. The new regulation, dated 23 September but officially disclosed on 5 October, tightens airlines’ duties to inform, assist and compensate travellers when flights are delayed, cancelled or interrupted. Key changes include an expanded Article 20 compelling carriers to push real-time updates—via airport displays, SMS, apps and social media—whenever schedules change. Companies must now state the last time the information was refreshed and spell out passengers’ re-accommodation or refund options in plain Portuguese and English. A new Article 25-A obliges airlines to warn customers, before purchase, that unforeseen operational or safety factors may still disrupt the flight even if preventive measures have been taken. Resolução 813 also clarifies the boundary between “assistance” (meals, hotel, ground transport) and “civil liability”. Under Article 25-B, paying for sandwiches or a night’s lodging does not, by itself, amount to an admission of guilt, reducing the litigation that currently clogs small-claims courts. The rule preserves the existing two-hour / four-hour assistance triggers but creates an exceptional-events clause: when airport infrastructure collapses or suppliers are unavailable, airlines may reimburse “reasonable, documented expenses” instead of providing services directly. The update follows a public consultation that drew submissions from consumer-protection bodies, the Public Prosecutor’s Office and the judiciary. Corporate travel managers should review their travel-insurance wording and update traveller-communication protocols before the regulation enters into force on 26 October 2026. Multinational companies with large domestic travel volumes will welcome the clearer liability language but must ensure that self-booking tools surface ANAC-mandated disclosures in time.
Source: Juristas
