Arriving in Brazil and not finding your bag on the carousel, or getting it back broken with items missing, is one of the most common problems for visitors. The airline is responsible for your luggage from the moment it receives it until it hands it back, and there are deadlines you must meet so as not to lose the right to claim.
First step: the report at the airport
Before leaving the arrivals area, go to the airline's desk and ask for the Property Irregularity Report (PIR; in Brazil, RIB). Bring the bag tag, your boarding pass and your ID. This report is the most important evidence for any later claim. If the bag arrived damaged, photograph it right there.
Deadlines the airline must meet
Under ANAC Resolution 400, the airline has up to 7 days to return a lost bag on flights within Brazil and up to 21 days on international flights. If it does not return it within that time, it must compensate you. Meanwhile, keep receipts for what you have to buy (clothes, toiletries, medicines).
The Montreal Convention, which governs international flights, says the same: if the bag has not arrived within 21 days of the date it should have arrived, you can enforce against the airline the rights arising from the contract of carriage (art. 17.3).
Deadlines you must meet
On international flights, the Montreal Convention (art. 31) requires a written complaint to the airline:
- Damaged bag: as soon as you notice the damage and, at the latest, within 7 days of receiving it.
- Delayed bag: at the latest within 21 days of the date it was placed at your disposal.
Without a complaint within these deadlines, no action lies against the airline, except in case of fraud. Send the complaint by e-mail or through the airline's official channel and keep proof.
How much can be claimed?
On international flights, the Montreal Convention limits compensation for material damage to luggage to 1,519 Special Drawing Rights per passenger (art. 22, revised amount in force since 28 December 2024), unless you made a special declaration of value when checking in. Brazil's Federal Supreme Court has held that this limit does not cover non-material damage, which follows Brazilian law (Theme 1,240). Non-material damage depends on the case, for example, the loss of medication you take continuously or of equipment needed for a commitment at your destination.
On international flights, 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. The first step is to check whether your case can be brought in Brazil.
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.
Deadline for the lawsuit
On international flights, material damage must be claimed in court within 2 years (art. 35 of the Montreal Convention). Do not let time pass.
Frequently asked questions
How long does the airline have to return my bag in Brazil?
Under ANAC Resolution 400, up to 7 days on flights within Brazil and up to 21 days on international flights. After that, it must compensate you.
What is the deadline to complain about a damaged bag on an international flight?
The written complaint to the airline must be made as soon as you notice the damage and, at the latest, within 7 days of receiving the bag (art. 31 of the Montreal Convention).
