The text of the law on moral damages for a flight delay is short, and it is worth reading before any interpretation: a passenger who asks for compensation for non-material damage must show that the harm occurred and how far it went. This page gathers what is written in the official texts, so you know what to bring when you claim. It does not say whether you are entitled and does not promise any amount.
What each text says
| Text | What it says |
|---|---|
| Brazilian Aeronautical Code, Art. 251-A (inserted by Lei nº 14.034/2020) | Compensation for non-material damage from a failure to perform the contract of carriage depends on the passenger showing that the harm actually occurred and its extent |
| Brazilian Aeronautical Code, Art. 256, II | The carrier is liable for damage resulting from delay in the contracted air transport |
| Brazilian Aeronautical Code, Art. 256, § 1, II | The carrier is not liable 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 |
| Brazilian Aeronautical Code, Art. 256, § 3 | List of events treated as fortuitous or force majeure, provided they are supervening, unforeseeable and unavoidable |
| Brazilian Aeronautical Code, Art. 256, § 4 | The exclusion above does not release the carrier from material assistance or from the alternatives of refund, rebooking or other transport |
| Consumer Defence Code, Art. 6, VI and VIII | Basic right to effective repair of material and moral damage, and facilitation of the defence, including reversal of the burden of proof at the judge’s discretion |
| Consumer Defence Code, Art. 14 | The service provider is liable, regardless of fault, for repairing damage caused by defects in the service |
What Law 14.034/2020 changed
Lei nº 14.034, of 5 August 2020 (Law 14.034/2020), sets emergency measures for civil aviation during the pandemic and amends several laws. Its Article 4 amended the Código Brasileiro de Aeronáutica (Brazilian Aeronautical Code, Lei nº 7.565/1986) in three points that matter to someone who had a delayed flight:
- it inserted Article 251-A, on showing the harm and its extent for compensation of non-material damage;
- it rewrote Article 256, to say that the carrier is not liable for a delay if it proves that force majeure or a fortuitous event made it impossible to take the necessary, sufficient and adequate measures, and to list the events that qualify (§ 3);
- it added § 4, which keeps material assistance and the alternatives of refund, rebooking and another means of transport even in those cases, including for delays and interruptions of more than 4 hours under Articles 230 and 231.
What that means for proof
Without interpreting beyond the text: Article 251-A puts on the passenger the burden of showing the harm and its extent. What counts as a showing is decided by the courts, case by case. To organise a claim, you can gather what you have about your own case: scheduled and actual flight times, messages from the airline, expenses with receipts, commitments missed and what the airline offered or failed to offer, such as meals and accommodation. This is only organising documents, not advice on what is worth claiming or how much.
The Código de Defesa do Consumidor (Consumer Defence Code, CDC), for its part, provides for repair of moral damage (Art. 6, VI) and for the judge to reverse the burden of proof in the consumer’s favour when the claim is plausible or the consumer is vulnerable (Art. 6, VIII). How that article sits alongside Article 251-A of the Aeronautical Code is not in the texts cited, and this page does not answer it.
The Supreme Court and Resolution 813
In Tema 1417, the Supremo Tribunal Federal (STF, Brazil’s Supreme Federal Court) is discussing whether the rules on air transport prevail over consumer protection rules in governing civil liability for cancellation, change or delay caused by a fortuitous event or force majeure. The page for the theme, opened on 16 October 2026, records general repercussion recognised on 23 August 2025 and shows no judgment on the merits. It is worth checking that page again before relying on any position.
From 26 October 2026, Article 25-B of Resolution 400, inserted by Resolução ANAC nº 813/2026 (ANAC Resolution 813), says that the carrier’s civil liability for delay, cancellation, interruption or denied boarding follows the law and treaties in force and that the carrier is not liable in the fortuitous or force majeure cases provided for in Lei nº 7.565/1986. Article 26 now says that material assistance is a duty separate from that of repairing damage.
Sources and date
Official texts opened on 16 October 2026, on the Planalto website (Lei nº 14.034/2020, the Brazilian Aeronautical Code and the Consumer Defence Code), on ANAC’s (Resolution 813/2026) and on the STF’s (Tema 1417). This page gives general information, not legal advice: to know whether it is worth claiming and how, talk to a lawyer, a public defender’s office or the Procon (consumer protection agency). The routes for complaining are in how to complain; the day-to-day of a delay, in delayed flight in Brazil. General picture: ANAC Resolution 400.