The recent legislative developments in Brazil concerning airline passenger rights, particularly Projeto de Lei (PL or Bill of Law) 883/2025 and a complementary Senate Bill (PL 1149/2025), underscore a growing protection for consumers within the aviation sector in Brazil. These initiatives are significantly influenced by a high-profile incident involving Brazilian actress Ingrid Guimarães, whose public account sparked a national discussion on involuntary downgrades. This commentary examines the specifics of these legislative proposals and their implications for airline operations and passenger rights within the Brazilian regulatory framework.
I. The Ingrid Guimarães incident: A catalyst for legislative action
In March 2025, the Brazilian actress Ingrid Guimarães expressed her discontent on social media about her experience being downgraded from premium economy to economy. She was on a direct flight, from New York to Rio de Janeiro, when staff approached her asking her to relinquish her seat in favour of a business class passenger, which she refused. Her reaction is understandable; she was buckled in, she paid for her seat, and she feels it is her right to use it. Mrs. Guimarães reported that she was not adequately informed of the reasons for the downgrade or her rights. Despite her understandable refusal, she was reportedly pressured and publicly humiliated via an announcement to the entire aircraft before ultimately being relocated to an economy seat.
Not only did this story attracted bad press to the airline and a potential hefty lawsuit with generous moral damages - a standard in Brazilian case-law- but her public account caught the attention of lawmakers resulting in the introduction of Projeto de Lei 883/2025, through the country's Chamber of Deputies, and Projeto de Lei 1149/2025, in the Senate.
II. Operational Downgrades and Passenger Entitlements
Although relatively unknown to most passengers, downgrades are an operational reality in global aviation, arising from aircraft swaps, maintenance issues, or overbooking, to name a few. In such scenarios, if a flight's cabin configuration changes (e.g., a smaller aircraft or one without a specific premium cabin), passengers originally booked in higher classes may be involuntarily moved to a lower cabin. While some airlines may solicit volunteers, random selection often occurs when there are insufficient volunteers available. Regardless of the mechanism, passengers subjected to an involuntary downgrade are generally entitled to compensation. Such rights are codified in various laws, including Regulation 261 of 2004 and any law inspired by it (the so-called Regulation 261 legacy), for example, the Canadian Air Passenger Protection Regulation of 2019 as amended, Part 19 of Nigerian Civil Aviation Regulations as amended in 2023 or Saudi Arabia General Authority of Civil Aviation Regulations. Those provisions increase legal certainty for passengers while ensuring airlines’ accountability. However, unlike the situation in Brazil, passengers will not be entitled to claim moral damages for any downgrading, as is currently the case in Brazil.
Despite the lack of express provisions in the current Brazilian framework, there is no doubt Mrs. Guimarães would easily be awarded (moral) damages for the stress the whole ordeal caused her. Indeed, Brazilian courts have been very generous in damages awarded, especially after the Brazilian Supreme Court held that the Warsaw and Montreal Conventions do not apply to moral damages; rather, the applicable law is the Código de Defensa do Consumidor (Brazilian Consumer Code or CDC). The CDC’s primary goal is to protect consumer rights and indemnify them as broadly as possible. This passenger-friendly approach has resulted in Brazil becoming the world’s leader in claims, with litigation costs being estimated at USD $200 million per year. The probability of an airline facing lawsuits in Brazil is 5.836 times higher than in the United States. Despite the existing broad protection, Brazilian legislators decided to go a step further by providing a clearer, more consistently applied rule for handling such situations.
III. Projetos de Lei (PL) 883/2025 and 1149/2025
Projeto de Lei 883/2025, presented by Federal Deputy Ely Santos and informally known as the "Lei Ingrid Guimarães" (Ingrid Guimarães Law, in English), aims to introduce specific rules for reaccommodating passengers to lower classes (downgrade) on commercial flights in Brazil.[1] The proposal seeks to guarantee automatic financial compensation and strict sanctions on airlines that fail to comply with the rules, thereby strengthening consumer rights in the airline sector. Moreover, the Bill prohibits downgrading without the passenger's prior consent, ultimately resulting in an express prohibition of involuntary downgrading. This new rule raises questions about the logistics of its application. If all passengers are Brazilian and an insufficient number of them agree to be downgraded, the flight will not be able to depart, resulting in a potential cancellation and arguably more lawsuits than if the airline downgrades passengers without their consent.
Another aspect of the proposed Bill which is unclear is that Article 1 limits the scope of the law to commercial flights in Brazil. However, Article 3 (II), listing the automatic compensation, mentions that such compensation must be calculated at 100% of the ticket price for domestic flights and 200% for international flights. The two provisions are, therefore, at odds; why grant automatic compensation for international flights if the law is supposed to only apply to commercial flights within Brazil?
Instead of automatic compensation, the proposed Bill also allows airlines to offer a flight in the same class within four hours and offer any appropriate material assistance (e.g., food, transport, accommodation) as per National Civil Aviation Agency (ANAC) regulations, in particular Resolution 400/2016. However, the law does not exclude any potential claims resulting from the four-hour delay. It is entirely plausible that passengers could start a lawsuit for the inconvenience caused by this delay, and likely win. Finally, from the wording, it seems to offer airlines the option to decide whether to rebook or compensate. Only time will tell- if the Bill is passed in its current format- whether those alternatives will not end up being interpreted as cumulative elements, reading ‘and’ instead of ‘or’.
Non-compliance with this proposed law could result in administrative fines of up to R$50,000 (approximately £8,000) per infraction, suspension of the operating license in cases of serious recidivism and full reimbursement of the ticket price to passengers if they refuse the downgrading. ANAC will be responsible for applying the penalties.
Alongside this proposal, on 20th March 2025, Projeto de Lei n° 1149/2025 was presented by Senator Eliziane Gama in the Senate. This complementary bill seeks to directly amend the Código Brasileiro de Aeronáutica (Brazilian Aeronautical Code) to prohibit any involuntary downgrading without the passenger’s consent, introducing Article 223-A in Lei 7.565/1986. The proposal also includes a fine for airlines that expose passengers to embarrassment by refusing to change seats without stipulating any maximum amount. The proposed Bill also seeks to guarantee passengers the right to compensation in the event of a downgrade, without specifying a specific figure. The major difference between the two proposals is that PL 1149/2025 expressly stipulates that- with the passenger’s consent- passengers should be first upgraded.
In the justifications of PL 1149, Senator Gama emphasized that the Ingrid Guimarães incident demonstrated the lack of protection for passengers in downgrading situations, reinforcing the urgent need for a more stringent regulatory environment to prevent airline abuses while reinforcing consumer rights in the air travel sector.
IV. Implications for Brazilian Aviation and Beyond
The legislative initiatives triggered by the Ingrid Guimarães incident represent a significant step toward clarifying passenger rights in Brazil and strengthening the compensation rights already in place. Should these Bills be enacted, airlines operating in Brazil will face heightened scrutiny and more stringent requirements regarding involuntary downgrades. This includes an imperative for transparent communication, a clear framework for compensation, and a deterrent against practices that may cause passenger distress.
Interestingly, Deputy Santos has claimed that “This practice [downgrading] causes inconvenience and damage to passengers who often have no means of claiming their rights.” While currently there is no express right against downgrading, tribunals have been willing to accept the argument that a downgrade constitutes a breach of contract under the CDC. In fact, most cases are argued using the CDC rather than another, more specific, law. Therefore, while having an explicit right is always a positive step, the vagueness as to whether passengers will still be able to claim moral damages if they are rebooked puts the airlines in a difficult position.
From a broader perspective, this case illustrates how individual experiences, particularly those involving public figures, can swiftly translate into legislative action. It also highlights a global trend where consumer protection in aviation is increasingly being codified, pushing airlines toward greater accountability.
The ongoing legislative process will determine the final form and impact of these proposals. However, their very introduction signals a clear message from Brazilian lawmakers: passenger rights, particularly concerning involuntary downgrades and respectful treatment, are a paramount concern that demands robust legal safeguards.
V. Conclusion
The Ingrid Guimarães incident highlighted a gap in existing passenger protection mechanisms; Brazil- unlike many countries- does not have an express provision governing downgrading. However, the manner in which the judicial system operates and the courts' willingness to compensate passengers would have resulted in compensation in any event. While the intention behind the two bills is laudable, the proposed reforms risk tipping the scales even more in favour of consumers, to the detriment of the airline sector in Brazil. Indeed, Brazilian aviation history is filled with bankruptcies and airlines pushed to their breaking points.
In practice, a total prohibition on involuntary downgrades and the imposition of punitive, automatic compensation, especially in the context of international flights, could severely constrain airlines’ operational flexibility. If airlines are unable to reallocate passengers lawfully, entire flights could be cancelled, affecting hundreds of travellers rather than just a handful. This could create a snowball effect in the sector by driving up ticket prices or even reducing service availability, not to mention the amount airlines will have to pay in compensation to passengers.
Ultimately, protecting consumers should not come at the expense of the sustainability of the aviation sector. A balanced, practical regulatory approach is essential if Brazil is to develop an aviation environment that is fair, competitive, and resilient in the face of inevitable operational challenges.
[1] PL 883/2025 is currently undergoing legislative review in the Chamber of Deputies, having been referred to the Committees on Transportation and Roads, Consumer Protection, and Constitution and Justice and Citizenship. Once approved by the Chamber of Deputies, it will need to obtain the approval of the Senate. If there are suggestions of amendments, the PL returns to the Chamber of Deputies for further analysis and reassessment.
Delphine Defossez, Phd, Senior Lecturer at Northumbria University, Law School.
This commentary represents the personal views of the author.