Air Passenger Rights: Legal Basis and Compensation Guidelines

Air transport is governed by specific laws to protect consumer rights. In Brazil, passengers are protected under the ANAC Resolution 400/2016, the Consumer Protection Code, and the Montreal Convention. This article provides a legal overview of passenger rights in cases of delayed flights, cancellations, overbooking, or lost luggage.

📑 Legal Framework

• ANAC Resolution No. 400/2016

• Consumer Protection Code (Law No. 8.078/1990)

• Montreal Convention (Decree No. 5.910/2006)

⏱️ Flight Delay

Under Article 14 of the Consumer Code, providers are strictly liable for service failures. Per ANAC regulations:

• After 1 hour: free communication services (calls, internet);

• After 2 hours: meals provided;

• After 4 hours: rebooking, full refund, or alternative transport;

• Delays over 4 hours without notice may justify moral and material damages.

❌ Flight Cancellation

Airlines must notify the passenger at least 72 hours in advance. Failing that:

• The passenger is entitled to: rebooking, full refund, or alternate transport;

• Courts often grant compensation for emotional distress and material loss in such cases.

🧳 Lost or Damaged Baggage

According to the Montreal Convention and Article 6 of the Brazilian Consumer Code:

• Claims must be filed immediately at the airport;

• Airlines have up to 7 days to locate domestic luggage;

• If not found, the passenger is entitled to compensation;

• Damaged or violated baggage also gives rise to financial redress.

⚖️ When to Seek Legal Counsel

If the airline refuses to comply with the law or fails to mitigate the loss, a lawyer specializing in consumer law can file a compensation claim. Brazilian courts frequently award moral damages in such circumstances.