Brazil is advancing new legislation that introduces strict, time‑sensitive obligations for airlines in the aftermath of aviation accidents. The new framework sets tighter response deadlines and clearer coordination duties, with the rules expected to come into force later this year

The proposal aims to convert existing assistance practices into binding legislation aligned with international approaches adopted in other relevant jurisdictions. These are currently regulated by the Civil Aviation Authority, ANAC, via a collection of administrative instruments.

Scope of application

The new bill, No. 5,031/2024,  applies to:

• relatives of deceased victims
• missing persons’ families
• non-fatal victims, and
• persons affected on the ground

In connection with commercial or charter aviation accidents occurring in the Brazilian territory, including international flights departing from or arriving in Brazil. 

Institutional coordination mechanism

The proposal establishes a cooperation committee coordinated by ANAC, responsible for ensuring timely, efficient, and humane assistance to victims and families. 

ANAC must invite relevant stakeholders to participate in the committee within six hours of becoming aware of an accident. 

Victims’ associations may appoint representatives to monitor its activities. 

Airline obligations

Airlines would be required to:

• provide structured assistance to victims and families
• maintain local assistance plans
• support coordination with authorities
• facilitate communication with families
• support the establishment of assistance centres near accident locations where necessary.

In our experience working with airlines after major incidents, they already achieve comparable response timelines and coordination. Compliance should not, therefore, represent a significant operational challenge.

Passenger information disclosure

The bill also requires airlines to make passenger lists available within three hours of request by competent authorities, reinforcing early-stage coordination and identification procedures. 

Regulatory objective

Overall, the proposal seeks to:

• elevate victim-assistance protocols to statutory level
• standardise multi-agency crisis coordination
• ensure rapid activation of structured support mechanisms
• and guarantee a predictable humanitarian response framework following aviation accidents in Brazil.  

We welcome the certainty and clarity of structure brought by this codification.