On a delayed domestic flight, what the airline owes you depends on how long you wait, not on who was at fault. The rule is in Resolução ANAC nº 400/2016 (ANAC Resolution 400) and in the Código Brasileiro de Aeronáutica (Brazilian Aeronautical Code, CBA). This page shows what each band of waiting time requires and what changes on 26 October 2026.
What the airline must offer, by waiting time
Material assistance is free and owed even if you are already on board with the doors open (Art. 27 of Resolution 400). ANAC’s page on delays adds that it applies whatever the reason and that the wait is counted from the moment the problem with the flight arose.
| Waiting time | What the airline must offer | Basis |
|---|---|---|
| Any delay | Inform you immediately, with the new expected departure time, and give the reason in writing if you ask | Art. 20 |
| Over 1 hour | Communication facilities, such as phone and internet (until 25/10/2026; item repealed from 26/10/2026) | Art. 27, I |
| Over 2 hours | Meals according to the time of day: a meal or an individual voucher | Art. 27, II |
| Over 4 hours | Accommodation, if you must stay overnight, plus round-trip transfers | Art. 27, III |
| Delay of more than 4 hours | Your choice: rebooking, a refund or performance of the service by another mode of transport | Art. 21, I |
Someone who lives in the city of the departure airport may receive only the transfer home and back instead of accommodation (Art. 27, § 1). Passengers who need special assistance and their companions are entitled to accommodation without an overnight requirement, unless it can be replaced by suitable accommodation with their agreement (Art. 27, § 2).
Good to know
If the airline does not offer the assistance, keep the receipts for what you pay yourself. From 26/10/2026, the new Article 27-B provides that the airline may reimburse necessary, reasonable and documented expenses for meals, transport and accommodation when airport limitations or a lack of local suppliers make the assistance unfeasible.
Rebooking, refund or other transport
Beyond four hours of delay, the airline must offer all three alternatives and the passenger chooses (Art. 21). The Brazilian Aeronautical Code says the same for a departure delay of more than four hours: boarding on an equivalent flight to the same destination or immediate return of the ticket price, if you prefer (Art. 230).
- Rebooking: it is free. It can be on a flight of the airline or of a third party to the same destination, at the first opportunity, or on the airline’s own flight on a date and time that suit you (Art. 28). ANAC’s page points out that in the second case the remaining validity of the ticket applies.
- Refund: within 7 days of the request, by the payment method used for the purchase (Art. 29). It is full if you ask at the airport of origin, stopover or connection, with return to the origin guaranteed in the last two cases. If you have already used part of the journey, it is proportional to the unused segment (Art. 30). Airport charges and amounts owed to government bodies are returned in full (Art. 29, sole paragraph).
- Other means of transport: ANAC gives the bus as an example of performing the service by another mode.
- Credit instead of money: only with your agreement, informed in writing, and freely usable, including to buy a ticket for someone else (Art. 31).
If the delay happens at a stopover airport for more than four hours, the Brazilian Aeronautical Code gives the option of endorsing the ticket or immediate return of the price, and puts transport, meal and accommodation costs on the carrier (Art. 231).
Information during the delay
Until 25 October 2026, the airline must tell you immediately, through the means of communication available, that the flight will be delayed, with the new expected departure time, and keep you informed at least every 30 minutes (Art. 20 and § 1). The reason for the delay must be given in writing whenever you ask (Art. 20, § 2).
From 26 October 2026, Article 20 requires clear, accessible information, given as soon as the airline knows it, including through digital channels, and kept up to date while the occurrence lasts. At a minimum it must include the situation and the updated expected departure, the alternatives of rebooking and, where applicable, of refund or other transport, and how to obtain material assistance. Digital information must show the date and time of the last update (§ 3). The new text does not repeat the 30-minute interval.
The carrier must also keep in-person service at the airport to deal with its duties in case of delay (Art. 37).
If the delay was caused by bad weather or another reason outside the airline’s control
Material assistance and the alternatives of refund, rebooking or other transport are still owed. Article 256, § 4, of the Brazilian Aeronautical Code says that excluding liability for fortuitous events or force majeure does not release the airline from this.
What the exclusion affects is the damage: the carrier is not liable for the delay if it proves that, because of a fortuitous event or force majeure, it was impossible to take the necessary, sufficient and adequate measures to avoid the harm (Art. 256, § 1, II). Paragraph 3 lists events the law treats as fortuitous or force majeure when they are supervening, unforeseeable and unavoidable, such as landing or take-off restrictions due to adverse weather imposed by an airspace control body, or the unavailability of airport infrastructure (Lei nº 14.034/2020). What that means for compensation in money is in moral damages for a flight delay.
Compensation in money for the delay
Resolution 400 sets no amount per delay. The Brazilian Aeronautical Code says the carrier is liable for damage resulting from delay (Art. 256, II), and the Código de Defesa do Consumidor (Consumer Defence Code, CDC) deals with the liability of service providers for defects in the service, without requiring proof of fault (Art. 14). The courts decide whether there is damage and how much. The routes for claiming are in how to complain about an airline in Brazil.
What changes on 26 October 2026
Resolução ANAC nº 813, of 23 September 2026 (ANAC Resolution 813), published in the Diário Oficial da União (official gazette) on 25 September 2026, amends Resolution 400 from 26 October 2026. In short:
- item I of Article 27 (communication after 1 hour) is repealed;
- meals (after 2 hours) and accommodation with transfers (after 4 hours, if overnight) continue, and Article 27 now speaks of assistance in the national territory;
- Article 20 replaces the immediate notice and the 30-minute interval with a duty to inform in a clear, accessible and updated way, including through digital channels;
- Article 27-B lets the airline, in exceptional situations, reimburse within 7 days documented expenses for meals, transport and accommodation;
- Article 25-B says the carrier’s civil liability for damage follows the law and treaties in force, and that it is not liable in the fortuitous or force majeure cases of Lei nº 7.565/1986;
- Article 26 gains a paragraph saying that material assistance is not the same as the duty of civil reparation and that providing it does not acknowledge fault for the delay.
What to do at the airport
- Ask for the reason for the delay in writing.
- Ask about meals when the wait passes 2 hours and about accommodation when it passes 4 hours and you must stay overnight.
- If it passes 4 hours, say clearly which alternative you choose: rebooking, refund or another means of transport.
- Keep the boarding pass, the airline’s messages and receipts for any expense.
- If the airline does not solve it, go on to how to complain.
Sources and date
Official texts opened on 16 October 2026. On that date, the Resolution 400 in force is the consolidated version on ANAC’s website, with amendments from Resolutions 434/2017, 692/2022 and 800/2026 that do not touch the articles cited here. Resolution 813/2026 applies only from 26 October 2026. The full sources are in the list below. For the general picture of Brazilian rules, see ANAC Resolution 400; for flights leaving other countries, see flight delay.