In short: ANAC Resolution No 400/2016, amended by Resolution No 813 of 23 September 2026, covers domestic and international scheduled air transport in Brazil. Airlines must give food after 2 hours and accommodation and transport after 4 hours where an overnight stay is needed, offer rebooking, a refund or another means of transport for delays over 4 hours, and pay refunds within 7 days. There is no fixed cash compensation for delay; involuntary denied boarding pays 250 SDR (domestic) or 500 SDR (international) on the spot.
The rules and the 2026 update
Resolution 400 of 13 December 2016 sets the general conditions of air transport for regular domestic and international passenger flights, and also applies to non-scheduled flights that sell individual seats to the public (Article 1). ANAC's compiled text lists four amending resolutions: No 434 (2017), No 692 (2022), No 800 (9 March 2026) and No 813 (23 September 2026).
Resolution 813 is the one that matters for delays. According to the Government of Brazil's news agency, ANAC's board approved it on 22 September 2026 and it takes effect 30 days after publication in the Diário Oficial da União. It:
- requires airlines to tell passengers, before booking and in plain language, that flights are subject to operational and safety factors that can cause delays or cancellations (new Article 25-A);
- rewrites the material assistance rules (Article 27) and removes the separate communication item;
- states that assistance must be given for delay, cancellation, interruption and denied boarding, and that giving it is not an admission of liability (Article 26);
- lets ANAC set temporary conditions for assistance during widespread disruption (Article 27-A), and lets airlines reimburse documented expenses within 7 days where they cannot provide assistance directly (Article 27-B);
- states that the airline's civil liability for damage follows the applicable law and treaties, and is not attributed in cases of fortuitous events or force majeure under the Brazilian Aeronautical Code, Law 7.565/1986 (Article 25-B).
Information and schedule changes
- Delays and cancellations: the airline must inform passengers immediately and update them at least every 30 minutes on the expected departure time (Article 20).
- Planned schedule changes: must be notified at least 72 hours in advance. If notice is shorter, or the departure or arrival time moves by more than 30 minutes on a domestic flight or 1 hour on an international flight, you may choose between rebooking and a full refund (Article 12). If the airline failed to tell you and you went to the airport, it also owes material assistance.
Material assistance
Article 27, as rewritten in 2026, sets assistance by waiting time:
| Waiting time | Assistance |
|---|---|
| More than 2 hours | Food – a meal, a meal voucher or credit |
| More than 4 hours, where an overnight stay is needed | Accommodation, plus transport to and from it. If you live near the departure airport, transport home and back instead of a hotel. |
The government's summary of the update says these duties apply even in cases of force majeure or fortuitous events. The airline does not have to provide assistance if you choose rebooking on its own flight at a time that suits you, or a full refund (Article 27 §3). Where airport infrastructure limits, a documented lack of local suppliers or another unforeseeable emergency make direct assistance impossible, the airline may instead reimburse your reasonable, documented food, transport and accommodation costs within 7 days of receiving proof (Article 27-B). Keep every receipt.
Rebooking and refunds
For a delay of more than 4 hours – and for cancellations, interruptions and denied boarding – the airline must offer you the choice of rebooking, a refund or completing the journey by another means of transport (Article 21). If the airline knows in advance that the delay will exceed 4 hours, it must offer the options straight away.
- Rebooking is free and, at your choice, on the first available flight of the same or another airline to the same destination, or on the same airline's flight at a date and time convenient to you (Article 28).
- Refunds must be paid within 7 days of your request, by the payment method used to buy the ticket (Article 29) – in full if you request it at the departure airport, or for the unused part if the part already flown is useful to you (Article 30).
Denied boarding: 250 or 500 SDR
Before refusing anyone, the airline must look for volunteers (Article 23). If you are refused boarding against your will, it must pay financial compensation immediately, by bank transfer, voucher or cash: 250 SDR on domestic flights and 500 SDR on international flights (Article 24). The SDR (Special Drawing Right, DES in Portuguese) is the IMF unit of account explained in our glossary; its value in reais changes daily. You also get assistance and the rebooking/refund options.
Is there compensation for delay?
Not as a fixed amount. Resolution 400 regulates assistance and options; for damage caused by delay, cancellation or interruption, Article 25-B refers to "applicable law and international treaties". In practice that means claiming damages you can show under Brazilian law, or under the Montreal Convention for international journeys – Brazil is a party. We have not reviewed Brazilian court practice on such claims.
How ANAC's rules interact with UK261 and EU261
UK261 covers flights departing the UK on any airline and flights into the UK on UK or EU airlines; EU261 covers flights departing the EU and flights into the EU on EU airlines. Resolution 400 applies to flights operated to and from Brazil. On the main routes:
| Flight | UK261 / EU261 (fixed compensation) | ANAC Resolution 400 |
|---|---|---|
| London–São Paulo on any airline | UK261: up to £520 | Yes |
| São Paulo–London on British Airways | UK261 – UK airline into the UK | Yes |
| São Paulo–London on LATAM | No | Yes |
| Lisbon–Rio de Janeiro on any airline | EU261: up to €600 | Yes |
| Rio de Janeiro–Lisbon on TAP Air Portugal | EU261 – EU airline into the EU | Yes |
| Rio de Janeiro–Lisbon on LATAM | No | Yes |
Because ANAC's rules give assistance rather than fixed sums, there is less risk of overlap than with Canada or Turkey: on a flight covered by UK261 or EU261, the European compensation is usually the main money claim, and ANAC's rules govern the help you get on the ground in Brazil. UK261 and EU261 exclude passengers on inbound flights who already received benefits or compensation and assistance in the non-European country.
Where to complain
- The airline first, through its customer service channels.
- ANAC: if the problem is not resolved, file a complaint on ANAC's passenger platform (Anac Passageiro, on gov.br/anac). Airlines must reply within 10 days to complaints sent through ANAC's electronic system (Article 39), and ANAC uses the complaints to monitor airlines.
- For UK261 or EU261 compensation, use the European route: how to claim and national enforcement bodies.
What we could not verify
- Effective date of Resolution 813. The government announcement says it applies 30 days after publication in the Diário Oficial da União; news reports give publication on 25 September and application from 26 October 2026, but we did not check the Diário Oficial itself.
- Brazilian damages claims: amounts, time limits and court practice are outside this guide.
- The compiled text on ANAC's website carries no statement that it is complete; check it for any later amendment.
Frequently asked questions
Do Brazilian rules give fixed compensation for a delayed flight?
No. ANAC Resolution 400 requires material assistance – food from 2 hours, accommodation from 4 hours when an overnight stay is needed – and rebooking or refund options, but sets no fixed cash amount for delay. The only fixed amounts are for involuntary denied boarding: 250 SDR on domestic and 500 SDR on international flights. Other compensation depends on proving damage under Brazilian law.
What changed in September 2026?
Resolution 813 of 23 September 2026 amended Resolution 400. It rewrote the material assistance article (food after 2 hours, accommodation after 4 hours if needed), added information duties before booking, allowed airlines to reimburse documented expenses within 7 days where they cannot provide assistance directly, and stated that assistance is not an admission of liability.
Is my São Paulo to London flight covered by UK261?
Only if a UK or EU airline operates it, such as British Airways. On LATAM, UK261 does not apply in that direction, though ANAC's rules do. London to São Paulo is covered by UK261 on any airline.
General information, not legal advice; we are not lawyers. Translations of Portuguese texts are our own. We are an independent guide and an affiliate partner of AirHelp – see our affiliate disclosure.
Sources
- Resolução nº 400, de 13 de dezembro de 2016 (texto compilado) – Agência Nacional de Aviação Civil (ANAC)
- Anac atualiza regras sobre atrasos e cancelamentos e amplia deveres de informação aos passageiros (22 September 2026) – Agência Gov, Government of Brazil
- Regulation (EC) No 261/2004 – UK version, Article 3 (scope) – legislation.gov.uk
- Regulation (EC) No 261/2004 – Article 3 (scope) – EUR-Lex
- Montreal Convention 1999 – list of parties – ICAO
We check every rule against the sources above. Spotted an error? Tell us – see our editorial policy.