The most important rule is about time: if your bag did not arrive, tell the airline on the spot; if it arrived damaged, you have 7 days. The deadlines in Resolução ANAC nº 400/2016 (ANAC Resolution 400) for domestic flights are short and, once they run, it is the airline that must act.
Deadlines on each side
| Situation | What you do | Deadline for the airline | Basis |
|---|---|---|---|
| Bag did not arrive | Report to the airline immediately | Return it to the place indicated within 7 days (domestic flight) | Art. 32, §§ 1 and 2 |
| Bag not located in time | Ask for the compensation | Compensate within 7 days | Art. 32, § 3 |
| Damaged bag | Complain within 7 days of receipt | Within 7 days of the complaint: repair it, or replace it with an equivalent one | Art. 32, §§ 4 and 5 |
| Tampered bag (contents interfered with) | Complain within 7 days of receipt | Within 7 days of the complaint: compensate | Art. 32, §§ 4 and 5 |
| You are away from home and the bag did not arrive | Present receipts for the expenses | Pay within 7 days of the receipts | Art. 33, § 1 |
Receiving baggage without a complaint creates a presumption that it was delivered in good condition (Art. 32, caput). So even if the damage only shows up at home, do not let the 7 days pass.
Lost bag
Report it to the airline as soon as you notice it is missing, at its counter or that of its representative, preferably in the arrivals hall. ANAC says you must present the proof of check-in of the baggage. If the baggage is located, it must be returned to the address you give. Baggage may stay in lost status for at most 7 days on a domestic flight.
If it is not found in that time, the airline must compensate within 7 days. ANAC’s page says the amount is variable and can reach 1,131 Special Drawing Rights (SDR, DES in Portuguese) on domestic flights. Resolution 400 also says that, for items worth more than that limit, the passenger can make a special declaration of value at check-in, filling in the airline’s form (Art. 17). According to ANAC, with the declaration the airline can check the contents and charge an extra amount on the declared value, and compensates at the declared value in case of theft or loss.
Expenses while you are without the bag
Someone away from home is entitled to reimbursement of reasonable expenses. The airline must pay within 7 days of presentation of the receipts, and the form and daily limits are in the contract rules (Art. 33). If the bag never turns up, what you received as reimbursement may be deducted from the final compensation, within the limits of Article 17, and the airline must return any extra amounts you paid for transporting the baggage. It may offer credits instead of money, at the passenger’s discretion (Art. 33, § 4).
Damaged or tampered bag
Contact the airline as soon as you notice, preferably still in the arrivals hall. The written complaint can be made within 7 days of receipt. If the baggage is damaged, the airline must repair the damage or replace it with an equivalent one. If the contents were tampered with, it must compensate (Art. 32, §§ 4 and 5). Article 34 adds that damage to a fragile item that was checked in may go uncompensated, if the contract so provides.
Theft and other problems
ANAC advises telling the airline in writing and filing a report with the Police, and reminds that the company is responsible for the baggage from check-in until the passenger receives it. ANAC also advises against checking in jewellery, cash and electronics.
On an international flight
The deadlines are different: 21 days to return the baggage (Art. 32, § 2, II) and a compensation limit under the applicable international treaty (Art. 17, § 3). For those flights, see lost baggage and the Montreal Convention.
What changes on 26 October 2026
ANAC Resolution 813/2026 does not amend Articles 17 and 32 to 34. The deadlines on this page stay the same. According to the text opened, Article 20 now requires clear and updated information about delays, cancellations and denied boarding, which does not include baggage.
If the airline does not answer
Resolution 400 says user complaints must be resolved within 10 days of registration (Art. 38). The step-by-step, with the channels of ANAC, consumidor.gov.br and the Juizado Especial (small claims court), is in how to complain.
Sources and date
Official texts opened on 16 October 2026. The Resolution 400 in force on that date is the consolidated version on ANAC’s website, with the amendments of Resolutions 434/2017, 692/2022 and 800/2026, which do not touch the articles cited here. ANAC’s page on baggage is marked as updated on 1 October 2026. This page does not calculate compensation amounts. General picture of the Brazilian rules: ANAC Resolution 400.