Airlines must explain the implementation of a new fare category, called “basic”, for the transport of baggage. Recently, Gol Linhas Aéreas and Latam Airlines announced the adoption of new fares with restrictions on second hand luggage, starting this month. 
The Procon Foundation of São Paulo sent notifications to the companies Azul, Gol and Latam, with a deadline of next Monday (20) to receive the explanations.
“For example, if this type of change will imply a reduction in the fare; what would be the type of volume and weight linked to the price; what type of ticket modality or composition of offer will be linked to this type of new fare; how will the company control the provision of backpacks and small suitcases on the aircraft on the same flight?”, said the technical advisor of the Procon-SP Service Directorate, Renata Reis, to Brazil Agency.
According to her, it is important that consumers are properly guided and have their right to clear and prior information guaranteed.
“We will analyze this information to check the implications and whether there will be a need to adopt other measures or other measures”, said Renata Reis.
According to the National Consumer Secretariat (Senacon) of the Ministry of Justice and Public Security, Gol and Latam have already been notified to present information on the sale of fares without allowance for hand luggage and on the visibility given to consumers regarding this measure.
In a note, Senacon recognizes that companies may even be legally protected, but understands that the conduct does not bring benefits to the consumer, and therefore deserves review.
The National Civil Aviation Agency (Anac) sent a letter to the airlines Azul, Gol and Latam requesting clarification on possible charges on international flights. In Latam, the measure is already in force, and Gol announced that it will adopt the charge. Azul informed that it will not charge for hand luggage on international flights.
The president of Anac, Tiago Faierstein, clarified that there is no charge for hand luggage on domestic flights, but a distinction is made between backpacks and hand luggage weighing up to 10 kilos, which are accommodated in the aircraft’s overhead compartment.
Anac intends to deliver technical studies for the construction of a bill in the National Congress with the aim of leading to “balanced regulation, preserving both the rights of passengers and the competitiveness of airlines”.
The Minister of Ports and Airports, Silvio Costa Filho, declared that the ministry reaffirms the “commitment to fairer, more accessible and democratic aviation for all Brazilians”.
Airlines
The Brazilian Association of Airlines (Abear) guaranteed that there is no extra charge. According to the entity, the new basic fares are, in reality, a discount, because the fares are lower than others, if passengers carry items such as bags and backpacks, without other hand luggage, and which will not take up space in the luggage compartment.
Gol explains that last Tuesday (14), it made available a new fare option called Basic, with the aim of offering a more affordable fare when traveling to international destinations. The fare will only be available for trips originating in other countries where Gol operates and, in Brazil, on the route that departs from Galeão Airport, in Rio de Janeiro, to Montevideo, in Uruguay.
“Customers who choose this fare will only be able to take one bag or backpack (personal item) weighing up to 10 kg into the cabin, with maximum measurements of 32 cm (width) x 22 cm (height) x 43 cm (depth) so that it can be accommodated under the seat in front”, explained Gol.
Latam’s statement reinforces that all fares sold by the company in Brazil, regardless of destination or distance, entitle the passenger to transport 10 kg of luggage free of charge in the cabin.
Latam also reports that, since October 2024, it has had a fare class called Basic for international routes to some destinations in South America and that this fare represents “a more economical purchase option, ideal for passengers traveling with little luggage”.
The fare allows passengers to take one personal item weighing up to 10 kg, which must be placed under the front seat in front, with maximum dimensions of 45 cm high, 35 cm long and 20 cm wide. For those passengers who need to carry more luggage on these international routes and domestic flights operated in Brazil, there are other fares available, all of which include “at least one personal item weighing up to 10 kg and a small suitcase weighing between 12 kg and 16 kg depending on the fare”.
Bill
This Thursday (16), the president of the Chamber of Deputies, Hugo Motta (Republicanos-PB), announced that he will urgently discuss the Bill 5,041/2025by federal deputy Da Vitoria (Progressistas-ES), called PL das bagagens. The proposal guarantees the passenger’s right to carry a hand luggage and a personal item in the aircraft cabin on domestic and international flights operated throughout the national territory, at no extra cost.
Motta warned that the Chamber will not accept airlines charging for hand luggage.
“A message to airlines that want to charge even for hand luggage when traveling. The Chamber will not accept this abuse. […] The consumer comes first”, said the president of the Chamber of Deputies, on social media.
Motta took a stand after Gol Linhas Aéreas and Latam Airlines announced the adoption of new fares with restrictions on second hand luggage, starting this month.
“The additional charge for hand luggage constitutes a practice that violates the principles of transparency and good faith in consumer relations, as it removes a right that has always been recognized for the passenger and transforms an essential service into an optional product. This tariff policy, if consolidated, could generate legal uncertainty, confusion among consumers and an increase in complaints with consumer protection bodies and Anac itself”, says the project.
Furthermore, the PL highlights that the measure adopted by airlines disproportionately affects lower-income passengers, who depend on basic fares and are unable to bear extra costs to take their personal belongings.
Current standard
As a rule, hand luggage can be accommodated in the aircraft cabin, in all fare ranges charged.
Since 2016, the Anac Resolution No. 400 establishes that each passenger has the right to carry hand luggage weighing up to 10 kg free of charge, in accordance with the size and safety limits of the flight.
In addition, the right to carry a personal item, such as a bag, backpack or briefcase, to be placed under the seat in front of the passenger, is recognized.
And the company can establish some limits such as the height, width and length of the luggage.
The text says that the company “may restrict this weight and the contents of hand luggage for reasons of safety or aircraft capacity” at the time of boarding.
For baggage that does not comply with the established rules (more than 10 kg or exceeds these dimensions), the airline may charge for the excess, refuse transportation or also request that this baggage be checked into the aircraft’s cargo compartment.
