“New Brazilian government needs to improve flight passengers' rights”, says expert

“New Brazilian government needs to improve flight passengers' rights”, says expert

Last updated on 21 October 2022

General Director of AirHelp Brazil points out

European regulation EC 261 as a model to be followed


The high and constant number of passengers affected by flight delays and cancellations has sparked an alert among experts in the airline industry. The rise of problems of this nature revives the debate for improvements in legislation that deals with the rights of consumers who use services provided by airlines. For Luciano Barreto, director general of AirHelp, there is an excellent opportunity for the rules to be reviewed and adjusted by the new government.

“We have seen a significant improvement in the quality of service delivery in Europe since the adoption of European Regulation EC261. Studies show that there has been a 5% drop in flight delays there since 2018, a direct reflection of the law. The EC261 also serves as a model for other countries, such as Canada, the United Kingdom, Turkey and Ukraine, which means that it would be a great advance for Brazilian passengers if the legislature decided to adopt a similar model”, he says.

EC 261 foresees a fixed indemnification amount for disrupted flights, depending on the delay and flight distance. So airlines already know upfront the exact amount due to the affected passenger.

The ANAC 400 standard guides on what the airline must provide to the passenger in case of delay (meals, hotel, transport, among others), but does not inform the consequences when it does not comply with the service offered.

“Regarding the right to compensation for the interruption itself, it is even worse, as there are no guidelines on values ​​for most cases, which results in the airlines unwillingness to cooperate. The existence of clear guidelines would help both sides to avoid litigation and improve the passenger experience”, explains Barreto, from AirHelp.

In Europe the EC261 does not generate a high cost for airlines or passengers. It determines the addition of just over €1 per ticket (€1.06) to pay compensation to passengers affected by delays and cancellations.

“Improving air passenger rights is in everyone's interest. It helps to improve the quality of services, brings legal certainty to the process and reduces the number of lawsuits”, he concludes.


AirHelp launched the Air Passenger Rights Guide 2022 for free this year. It is a simple, didactic and practical manual, created with the aim of guaranteeing passengers information, basic assistance and compensation procedures when the flight does not go as planned.

About AirHelp

AirHelp is the world's largest company specializing in air passenger rights, helping travelers negotiate compensation for delayed or canceled flights and denied boarding. The company also takes legal and policy steps to support the growth and enforcement of air passenger rights around the world. AirHelp has helped over 16 million people, is available worldwide and supports 16 languages. 

More information

Conteúdo Comunicação 

Claudio Sá ([email protected]) – Cel. 11 99945-7005 

Ricardo Morato ([email protected]) – Cel. 11 98799-5868 

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