Anac Limits Airlines' Civil Liability While Preserving Mandatory Passenger Aid

Overview

• Anac approved the revised passenger-rights resolution on Tuesday, Sept. 22, 2026, and the rules take effect 30 days after publication in the Diário Oficial da União.
• The resolution explicitly separates material assistance from civil liability so carriers are exempt from damages for delays or cancellations caused by case fortuito or force majeure such as severe weather, airport infrastructure failures or authority orders.
• Airlines remain required to provide material aid: after two hours of delay they must offer food by credit or meal and after four hours, when an overnight is needed, they must provide lodging and transport to and from accommodation.
• In exceptional situations where direct aid is impossible, carriers may reimburse passengers for documented food, transport and lodging expenses and must pay those refunds within seven days, and companies must notify buyers at sale and send digital updates when incidents occur.
• Industry groups hailed the change as a way to cut litigation and align with international practice while consumer advocates warn vague terms like “significant delay” could shift disputes to courts and prompt new legal tests; the update follows long-running complaints about judicialization of airline service claims.