Brazil set to revise passenger-rights rules to curb airline lawsuits

Brazil’s civil aviation regulator ANAC is preparing to revise Resolution 400, the passenger-rights rulebook covering delays and cancellations, with publication expected by the end of August or in September. The move is aimed at reducing the large volume of lawsuits against airlines in Brazil while preserving core assistance obligations for disrupted flights.

The planned update is expected to sharpen the line between mandatory passenger assistance and civil-law damages claims, reducing disputes over when compensation is owed. ANAC also wants clearer treatment of disruptions caused by the airline itself and those linked to external factors such as weather.

Under the proposed approach, crew shortages, aircraft defects and IT system failures may be handled differently from weather-related cancellations. The revision has not yet been formally published, so the final wording remains subject to change. Even so, the direction of travel suggests ANAC is trying to narrow legal ambiguity without weakening the basic protections passengers receive when flights are delayed or cancelled.