Preterição is the technical name for overbooking and for other situations in which you arrive on time and the airline does not carry you. It is the situation in which Resolução ANAC nº 400/2016 (ANAC Resolution 400) sets an amount of compensation in money, and it must be paid on the spot, before any complaint.
What the airline must do, step by step
| Step | What the airline must offer | Basis |
|---|---|---|
| Flight with more passengers than seats | Look for volunteers to be rebooked on another flight in exchange for negotiated compensation | Art. 23 |
| Not enough volunteers | Pay each passenger denied boarding 250 SDR immediately (domestic flight), by bank transfer, voucher or cash | Art. 24, I |
| On top of the compensation | Rebooking, a refund or performance of the service by another mode of transport, at your choice | Art. 21, III |
| While you wait | Free material assistance: meals after 2 hours, accommodation with transfers after 4 hours, if overnight | Arts. 26 and 27 |
| In any case | Give the reason for the denied boarding in writing, if you ask | Art. 20, § 2 |
A passenger denied boarding does not lose the alternatives by receiving the compensation: Article 24 says the payment is made without prejudice to Article 21.
The volunteers
When the number of passengers exceeds the number of seats, the airline must first look for volunteers, who accept another flight in exchange for compensation negotiated between them and the airline. This is not denied boarding (Art. 23, § 1). The airline may require a signed acceptance form before paying the compensation (Art. 23, § 2).
According to ANAC’s explanation, what is negotiated can be money, extra tickets, miles or hotel nights, and the fixed compensation of Article 24 is owed when there is no negotiation and not enough volunteers. So it is worth reading what is written before signing.
How much the compensation is
Article 24 sets 250 SDR for a domestic flight and 500 SDR for an international one. SDR (DES in Portuguese) stands for Special Drawing Rights. According to ANAC, it is a basket of currencies of the International Monetary Fund whose price changes daily, and the value in reais can be checked on the Banco Central do Brasil website. The value in reais changes with the day’s rate, so this page does not convert it.
Article 24 does not cover other damage. The Código de Defesa do Consumidor (Consumer Defence Code, CDC) deals with the repair of material and moral damage (Art. 6, VI) and with the liability of service providers (Art. 14), and the courts decide each case. For proof of moral damage, see moral damages for a flight delay.
What changes on 26 October 2026
ANAC Resolution 813/2026 does not amend Article 24. What changes for someone denied boarding is information and assistance: Article 20 now expressly includes denied boarding among the occurrences about which the airline must inform in a clear, accessible and updated way, including through digital channels, and Article 27 loses the communication item after 1 hour.
At the gate
- Ask whether you are being stopped from boarding against your will, and ask for the answer and the reason in writing.
- Sign the volunteer form only if you accept the offer and it is written down.
- If you are not a volunteer, ask for immediate payment of the 250 SDR and say which alternative you choose: rebooking, refund or another means of transport.
- Keep the boarding pass, proof that you presented yourself on time, and receipts.
- If the airline does not pay or does not solve it, go on to 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. Resolution 813/2026 applies only from 26 October 2026. For the general picture, see ANAC Resolution 400; for flights leaving other countries, see denied boarding and overbooking.