New law guarantees full refund of air tickets canceled due to serious illness, accident or death in the family

The Traffic and Transport Commission of the Chamber of Deputies approved a bill that ensures passengers the right to a full refund of air tickets, without charging fines, in unpredictable situations, such as serious illness, accident or death of close family members. To access the benefit, the consumer will need to notify the airline at least 12 hours in advance of the flight time.

The approved text is a substitute presented by the rapporteur, Deputy Ricardo Ayres (Republicanos-TO), to Bill 1,377/2026, authored by Deputy Sergio Souza (MDB-PR). The rapporteur’s version establishes objective criteria for proof – one of the central points of the proposal, which, according to its defenders, would give more legal certainty to both passengers and airlines.

Today, the treatment of these situations usually varies from company to company, which generates insecurity for the consumer when requesting a return. In practice, the new text would require the passenger to prove the reason for the cancellation. In case of death of a spouse or relatives of up to the second degree, the death certificate must be presented. In cases of serious illness or accident, a certificate and medical report confirming the impossibility of traveling will have to be submitted.

The proposal also provides for an alternative to cash: the value of the ticket can be converted into credit for future use or applied to the rescheduling of the flight, without charging additional fees. This substitution, however, will only be valid if there is express agreement by the passenger, which preserves the right to reimbursement in kind.

According to the rapporteur, the intention is to prevent each airline from defining its own rules to accept or refuse the documentation presented by consumers, which today ends up throwing the burden of contesting any refusals on the passenger. “Events such as serious illnesses or the death of family members can arise unpredictably and make travel unfeasible,” said Ricardo Ayres, for whom it is necessary to establish a specific rule for these situations. According to the text, the procedures to request reimbursement must follow the regulations of the National Civil Aviation Agency (Anac), which would be responsible for detailing deadlines and formats for sending the documents.

The proposal is being processed in a conclusive manner, which does not require the analysis of the Plenary, unless there is an appeal. Before that, it will still go through the Consumer Protection and Constitution and Justice and Citizenship (CCJ) committees. To become law, the text needs to be approved by the House and Senate before going to presidential sanction.

With information from the Câmara de Notícias Agency