Senate approves bill prohibiting charges for hand luggage on flights

by Marcelo Moreira

The Constitution and Justice Committee (CCJ) of the Senate approved this Wednesday (22) the bill that prohibits airlines from charging for the transport of hand luggage. The proposal guarantees that all passengers, on national and international flights, can carry up to 10 kilos in a cabin compartment free of charge.

The text now goes to the Chamber of Deputies for analysis. As parliamentarians approved the urgency regime, voting can take place directly in the plenary, without going through thematic committees.

Authored by senator Randolfe Rodrigues (PT-AP) and reported by Veneziano Vital do Rêgo (MDB-PB), the project changes the Brazilian Aeronautics Code. The objective is to eliminate loopholes that, according to the rapporteur, allow practices considered abusive by companies.

The proposal sets clear rules on the transport of hand luggage, defining the minimum free allowance at up to 10 kilos. The limit applies to volumes accommodated in the cabin’s upper compartment. Companies may impose additional restrictions only in cases of safety or aircraft capacity. If the space is full, delivery must be made at no cost to the passenger.

The text also seeks to annul the effects of a resolution by the National Civil Aviation Agency (Anac), published in 2016, which removed the obligation to transport hand luggage free of charge. Since then, some companies have started to create specific tariffs for the service, which has generated criticism from consumers and pressure from Congress.

For the rapporteur, the approval of the project represents a definitive solution, by guaranteeing legal certainty and preventing frequent changes in transport rules imposed by administrative resolutions.

The discussion on the topic gained momentum again after companies like Gol and Latam announced new “basic” fares, with restrictions on second hand luggage. The measure provoked a negative reaction among passengers and led to the resumption of the legislative debate.

If approved by the Chamber and sanctioned by the Presidency of the Republic, the new law will oblige all airlines operating in the country to allow the free transport of hand luggage within the established limit.

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