A cancelled flight or a delay of several hours during a trip to Brazil can cost a hotel night, a missed connection or days of holiday. Airlines operating in Brazil, Brazilian or foreign, must follow the rules of ANAC (Brazil's civil aviation authority) and the Consumer Protection Code, which protect foreign visitors exactly as they protect Brazilians.
This guide explains what to demand at the airport, when compensation applies and how to make a claim if you are already back home.
What to demand at the airport
- Information: the airline must tell you about the delay or cancellation as soon as it knows, including through digital channels, with the new expected departure time, the alternatives available and how to get assistance (ANAC Resolution 400, art. 20). You can ask for the reason in writing.
- Assistance according to the wait: meals after 2 hours and, after 4 hours, accommodation with transfer if you need to stay overnight (ANAC Resolution 400, art. 27, as amended by Resolution 813/2026, in force from 26 October 2026). This applies even when the cause is bad weather.
- You choose: in a cancellation, a delay of more than 4 hours or overbooking, you can choose between another flight, a full refund or completing the journey by another means of transport.
If the airline cannot provide assistance because of a lack of infrastructure, it may refund reasonable, documented expenses within 7 days (art. 27-B). Keep every receipt.
Overbooking: denied boarding
If you had a confirmed ticket and were not allowed to board because the flight was oversold, besides choosing between another flight or a refund, the airline must pay you immediate financial compensation (ANAC Resolution 400, art. 24), without prejudice to compensation in court.
When is compensation due?
Assistance is always mandatory, but compensation depends on the case. In Brazil, non-material damage for a delay or cancellation is not presumed: a concrete harm must be shown, such as a missed commitment, a night at the airport without assistance or a lack of information. Documented expenses (hotel, meals, a new ticket, lost bookings) are claimed as material damage.
When the cause is a technical failure of the aircraft, courts usually treat it as a risk inherent to the airline's business. Bad weather with restrictions imposed by air traffic control may exempt the airline from paying compensation, if it proves it; assistance remains mandatory.
International flights: the Montreal Convention
On international flights the Montreal Convention also applies. For material damage caused by delay, it limits compensation to 6,303 Special Drawing Rights per passenger (art. 22, revised amount in force since 28 December 2024). Brazil's Federal Supreme Court has held that the convention does not limit non-material damage, which follows Brazilian law (Theme 1,240).
The convention also sets where you can sue (art. 33): the airline's domicile, the place where the ticket was bought or the destination of the journey. On an international flight, the first step is therefore to check whether the case can be brought in Brazil. For flights within Brazil this question does not arise.
What evidence to keep
- Boarding pass, booking and proof of purchase.
- Screenshots of the airline's notices (app, e-mail, text), with date and time.
- Photos of the airport departures board and customer-service reference numbers.
- Receipts for everything you paid out of your own pocket.
How to claim from home
You do not need to stay in Brazil. The power of attorney is signed by hand and sent scanned, and the lawyer represents you in the proceedings.
Costs. Going to court in Brazil is not free: there are court fees when the case is filed, the lawyer's fees and, if the case is lost, the other side's attorney fees. People who live outside Brazil may also have to post a security deposit. Everything is explained before you decide: see Claiming in Brazil while living abroad.
Deadlines
On international flights, material damage must be claimed within 2 years (art. 35 of the Montreal Convention). On flights within Brazil, the general deadline under the Consumer Protection Code is 5 years. Evidence is lost much sooner: act early.
Frequently asked questions
Must the airline give me a hotel if my flight is cancelled in Brazil?
Yes, if the wait exceeds 4 hours and an overnight stay is needed, with transfer included. After 2 hours of waiting, it must provide meals. This applies even when the cause is bad weather.
Can I make a claim if I am already back home?
Yes. The power of attorney is signed by hand and sent scanned, and the lawyer represents you. On international flights, the first step is to check whether Brazilian courts have jurisdiction under the Montreal Convention.
