ANAC 400 Regulation: Your Guide to Flight Compensation in Brazil

Brazil has its own set of air passenger protection rules, separate from Europe's EC 261 or the UK's UK261. If your flight departed from, arrived at, or connected through a Brazilian airport, your rights are governed by ANAC Resolution 400 — the regulation published by Brazil's National Civil Aviation Agency (Agência Nacional de Aviação Civil).

ANAC 400 covers flight delays, cancellations, denied boarding, and schedule changes. It works alongside Brazil's Consumer Code, which adds the possibility of claiming compensation for moral damages — lost time, missed opportunities, and the stress caused by preventable airline failures. Together, these laws can entitle passengers to compensation of up to approximately €1,500 per person.

This guide explains how the ANAC 400 regulation works, what you're entitled to, the strict timelines airlines must follow, and how FlyPayout handles Brazilian flight compensation claims.

What is ANAC 400?

ANAC Resolution No 400 is a regulation issued by Brazil's National Civil Aviation Agency on 13 December 2016. It defines the General Conditions of Air Transport in Brazil, setting out airlines' responsibilities to passengers before, during, and after a flight.

The regulation replaced inconsistent airline-by-airline policies with a unified set of passenger rights in Brazil that apply to all carriers operating in Brazilian airspace. It covers domestic flights within Brazil, international flights departing from Brazilian airports, and connecting flights that pass through Brazilian airports.

ANAC 400 was modelled partly on EC 261/2004 but differs in several important ways — particularly around compensation. While EC 261 provides fixed cash payments for inconvenience (€250–€600), ANAC 400's direct financial compensation applies primarily to denied boarding. For delays and cancellations, passengers are entitled to material assistance, with additional compensation available through Brazil's Consumer Code for moral damages.

ANAC is currently revising Resolution 400. In January 2026, the agency launched a public consultation to overhaul the regulation, aiming to address ambiguities that have driven over 130,000 small-claims lawsuits per year. Proposed changes include clearer reimbursement timelines, mandatory cash compensation options, and updated extraordinary circumstance definitions. Until any revision is formally adopted, the current ANAC rules remain in full effect.

Which flights does ANAC 400 cover?

• Domestic flights within Brazil — any flight between two Brazilian airports.
• International flights departing from Brazil — regardless of which airline operates the flight.
• International flights arriving in Brazil — protections apply upon arrival at a Brazilian airport.
• Connecting flights through Brazil — if your journey includes a stop at a Brazilian airport, ANAC 400 is triggered for that portion.
• Tickets issued in Brazil — even if the flight operates entirely outside Brazil.

The regulation applies to all airlines, whether Brazilian (LATAM, GOL, Azul) or foreign (American Airlines, Air France, Emirates). If the disruption occurs on a flight covered by ANAC 400, your nationality doesn't matter — you're protected. Charter flights are also covered when individual seats are sold directly to passengers.

Your rights during flight delays under ANAC 400

When your flight is delayed, ANAC 400 requires the airline to provide progressively increasing levels of material assistance based on how long you wait:

Wait time	What the airline must provide
1+ hour	Wi-Fi access and communication (internet, phone calls)
2+ hours	Food or meal vouchers (snacks or a full meal depending on the time of day)
4+ hours	Hotel accommodation plus transport to and from the hotel if you need to stay overnight; if you are in your home city, transport only

At the 4-hour mark, the airline must also offer a choice between a full refund of the ticket including airport taxes and fees, rebooking on the next available flight (which can be on another airline if the same airline has no suitable alternative), or alternative transportation such as a bus ticket or other means to your destination.

The airline must provide status updates every 30 minutes during the delay. If the airline fails to keep affected passengers informed, this failure itself strengthens a moral damages claim under the Consumer Code.

For EC 261 delay rights on European flights, see our Flight Delay Compensation guide.

Your rights when a flight is cancelled under ANAC 400

If your flight is cancelled, ANAC 400 gives you the same material assistance rights as during a delay — communication, food or meal vouchers, and hotel accommodation based on wait time — plus the right to choose between a full refund of the ticket, rebooking on the next available flight including on a replacement flight operated by a different carrier, or rebooking at a later date of your choosing.

When the airline informed you of the cancellation matters. If you were not given a written explanation of the reason and your options at the time of the disruption, this is a further breach of ANAC 400 that supports a Consumer Code claim.

The 72-hour rule for schedule changes

ANAC 400 includes a specific provision for flight schedule changes. The airline can modify your departure time, but only if it notifies you at least 72 hours before the original departure. If the airline fails to notify you within this timeframe, or if the change significantly alters your journey — for example, a direct flight changed to a connecting flight — it is treated as a cancellation with full rebooking and refund rights.

For EC 261 cancellation rights on European flights, see our Flight Cancellation Compensation guide.

ANAC 400 compensation for denied boarding

Denied boarding and overbooked flight situations are the one area where ANAC 400 provides fixed financial compensation, paid immediately at the airport. The amounts are set in Special Drawing Rights (SDR):

Flight type	Compensation amount
Domestic flight	250 SDR (~€300)
International flight	500 SDR (~€600)

These amounts must be paid immediately when boarding is denied, in addition to rebooking or refund options and the material assistance obligations outlined above.

Airlines must first seek volunteers willing to give up their seats before proceeding to boarding denials. If you are asked to sign a volunteer overbooking form, do not sign it unless you are genuinely willing to give up your seat. If you are being denied boarding against your will, ask to sign for involuntary denied boarding — this preserves your right to the fixed compensation.

For EC 261 denied boarding rights on European flights, see our Denied Boarding Compensation guide.

Compensation for moral damages under Brazil's Consumer Code

Here is where Brazilian law becomes particularly powerful for air passengers. ANAC 400 itself provides fixed compensation only for boarding denials. But Brazil's Consumer Code (Código de Defesa do Consumidor) adds a separate layer of protection for all flight disruptions.

Under the Consumer Code, passengers can claim moral damages and material damages for wasted time, missed business opportunities, missed personal events, emotional distress from the airline's failure to provide food or proper care, and additional costs from the disruption.

Airlines are penalized for failing to deliver the mandatory material assistance specified in ANAC 400, and these failures can directly support a successful lawsuit for damages. Combined with ANAC 400's material assistance obligations and denied boarding compensation, total recovery can reach approximately €1,500 per passenger. Unlike EC 261's fixed amounts, moral damages are assessed on a case-by-case basis depending on the specific circumstances and the airline's conduct.

When airlines don't have to pay under ANAC 400

ANAC 400 recognizes extraordinary circumstances that exempt airlines from compensation, though not from care obligations: severe weather and extreme weather events, air traffic control restrictions, security incidents, airport closures, and hidden manufacturing defects.

Technical problems and maintenance issues are generally not considered extraordinary circumstances — they are the airline's operational responsibility. Even when an extraordinary circumstance applies, the airline must still provide material assistance and offer rebooking or refund options.

Responding to and filing claims under ANAC 400

Under ANAC 400, airlines must maintain a customer service presence at the airport to handle complaints and provide updates to waiting passengers. For complaints filed electronically after your journey, airlines must respond within 10 days.

For claims through the Brazilian courts under the Consumer Code, the time limits are as follows:

Flight type	Time limit
Domestic flights within Brazil	5 years
International flights	2 years

These limits are significantly more generous than many European jurisdictions. If you had a disrupted domestic flight in Brazil within the last 5 years, you may still be able to claim.

ANAC 400 vs EC 261: key differences

Feature	ANAC 400 (Brazil)	EC 261 (Europe)
Fixed compensation for delays	No (moral damages via Consumer Code)	Yes (€250–€600)
Fixed compensation for denied boarding	Yes (250/500 SDR)	Yes (€250–€600)
Material assistance during delays	After 1h/2h/4h	After 2h/3h/4h
Cancellation notification	72-hour rule	14-day rule
Maximum potential compensation	~€1,500 (with moral damages)	€600 (fixed)
Proof required	Yes (for moral damages)	No (fixed amounts)
Time limit	5 years domestic / 2 years international	1–6 years (varies by country)
Geographic scope	Flights from/to/within Brazil	Flights from/to Europe

How FlyPayout Handles Your ANAC 400 Claim

Brazilian flight compensation claims involve navigating both ANAC 400 and the Consumer Code, often in Portuguese and through Brazilian legal channels. FlyPayout handles the entire process for you.

1. Check your flight. Enter your flight details into our free compensation calculator. In under 2 minutes, you'll know if you're eligible under ANAC 400 and what compensation you could receive.
2. Submit your claim. If your flight qualifies, FlyPayout handles everything — the documentation, the airline communication, and the case management. We file under whichever legal framework gives you the strongest claim.
3. Get paid. We negotiate with the airline on your behalf. If they refuse to pay, our legal team takes the case forward. We only charge our fee when you receive your money.

Why Choose FlyPayout?

• Claim for Brazilian flight disruptions from the last 2 to 5 years — it's not too late.
• We cover domestic and international flights from and to Brazil.
• No win, no fee — you never pay upfront.
• Legal team experienced in both ANAC 400 and Brazil flight compensation law.
• You submit the details, we handle the case from start to finish.

Frequently Asked Questions About ANAC 400

What is the ANAC 400 regulation?

ANAC Resolution No 400 is Brazil's air passenger protection law, issued by the National Civil Aviation Agency in 2016. It defines airlines' obligations for delays, cancellations, denied boarding, and schedule changes on flights departing from, arriving at, or connecting through Brazilian airports. It works alongside Brazil's Consumer Code, which provides additional compensation for moral and material damages.

How much compensation can I get under ANAC 400?

For denied boarding, ANAC 400 provides fixed compensation of 250 SDR (~€300) for domestic flights and 500 SDR (~€600) for international flights. For delays and cancellations, there is no fixed ANAC 400 amount, but Brazil's Consumer Code allows claims for moral damages of up to approximately €1,500 per passenger, assessed on a case-by-case basis.

Does ANAC Resolution 400 apply to foreign airlines?

Yes. ANAC Resolution No 400 applies to all airlines operating flights from, to, or through Brazilian airports regardless of where the airline is headquartered. LATAM, GOL, Azul, American Airlines, Air France, and Emirates must all comply when operating in Brazil.

What are passenger rights in Brazil during a delay?

Under ANAC 400, you're entitled to wi-fi access and communication after 1 hour, food or meal vouchers after 2 hours, and hotel accommodation after 4 hours if you need to stay overnight. At the 4-hour mark, the airline must also offer a full refund including airport taxes, rebooking on the next available flight, or alternative transportation.

What is the difference between ANAC rules and EC 261?

The biggest difference is in compensation structure. EC 261 provides fixed cash amounts (€250–€600) for delays, cancellations, and denied boarding. ANAC rules provide fixed compensation only for denied boarding. For delays and cancellations, compensation under Brazilian law comes through the Consumer Code as moral damages, which requires proving specific harm but can reach up to approximately €1,500.

What are the Brazil flight compensation rules for cancellations?

If your flight from Brazil is cancelled, you're entitled to material assistance (communication, food, accommodation based on wait time), plus the choice between a full refund, rebooking, or rebooking at a later date. Financial compensation is available through the Consumer Code if the cancellation caused provable moral or material damages.

How long do I have to file a claim?

For domestic flights within Brazil, the time limit is 5 years. For international flights, it is 2 years. These limits are more generous than many European countries.

Does ANAC 400 cover connecting flights through Brazil?

Yes. If your journey includes a connection at a Brazilian airport and a delay or cancellation at that airport causes you to miss an onward flight, the airline's obligations under ANAC 400 are triggered for the disrupted portion of the journey.

Flying to, from, or through Brazil? Know your rights under ANAC 400.

Brazil's passenger protection laws are among the most comprehensive outside Europe. Between ANAC 400's material assistance obligations and the Consumer Code's moral damages provisions, passengers can recover significant compensation for flight disruptions. Most travellers — especially those visiting from abroad — have no idea these rights exist. Don't leave money on the table.

Check your flight now — it takes less than 2 minutes, and it's completely free.

FlyPayout helps passengers claim compensation for flight delays, cancellations, denied boarding, overbooking, missed connections, and baggage claims. Our service is risk-free — you only pay when we succeed.