This Tuesday, the Chamber of Deputies approved the project that guarantees free hand luggage on domestic flights. The text, authored by deputy Da Vitória (PP-ES) and reported by Neto Carletto (Avante-BA), guarantees passengers the right to board with a suitcase weighing up to 12 kilos without additional charge, in addition to another personal item.
After approving the base text, deputies also approved the right to free checked baggage of up to 23 kilos within the national territory.
The proposal now goes to . The House had already approved a similar proposal, but the president of the Chamber, Hugo Motta (Republicanos-PB), chose to take the vote anyway.
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— We respect the dynamics of the Senate, but nothing changes our desire to vote on Neto Carletto’s text today. Once the proposal is finalized, we will vote — said Motta in the morning.
The measure was articulated by the Board of Directors as one of the priorities of the week of concentrated effort called by .
Checked baggage
The House expanded the original text and included free check-in of bags weighing up to 23 kilos on domestic flights, reversing the 2017 National Civil Aviation Agency (Anac) rule that allowed the charge. The rapporteur had excluded this part of the report, but it was taken up in a vote.
The opinion also determines that, if there is no space in the onboard compartments, the company must transport the item free of charge as checked baggage, at no additional cost to the passenger.
The rapporteur states that the charge “proved to be ineffective and harmful to the consumer”, causing overcrowding of luggage racks and delays in boarding. For him, the restitution of gratuity is a “measure of justice and balance in consumer relations”.
Despite the expansion, Carletto retreated on another point: he removed the exemption provision for international flights from the text, to avoid “questions regarding compliance with bilateral agreements” and the risk of reducing the supply of low-cost flights.
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The charge for carry-on luggage was never formally authorized by the agency, but ended up being consolidated following 2017 resolutions that removed the mandatory minimum allowance for checked baggage. Since then, companies have started to adopt more restrictive policies also for cabin volumes, which has generated complaints and lawsuits across the country.
When presenting the report, Carletto stated that the measure “corrects an imbalance that penalized the consumer without generating a real drop in tariffs”. Da Vitória classified the approval as “a simple achievement, but one that speaks directly to the lives of ordinary passengers”. The project had almost unanimous support from the government and opposition.
Internally, the vote was interpreted as a test of Motta’s strategy to regain political protagonism and shift the focus from disputes with the Senate. The Board wants to end the week with a sequence of popular appeal votes — such as the one on free luggage, the women’s health package and the text on persistent debtors — to restore the Chamber’s image and prepare the ground for issues with greater political cost, such as tax incentives.
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‘Undisciplined’ passengers
Carletto’s new report added two thematic blocks to the proposal: accessibility in air transport and rules for undisciplined passengers, both integrated into the Brazilian Aeronautical Code.
The part on undisciplined passengers authorizes airlines to suspend the transportation of anyone who commits an act of indiscipline considered “serious” for up to 12 months, according to criteria defined by ANAC regulations. The identification data of these passengers may be shared between companies, in order to prevent boarding during the punishment period.
The section on accessibility determines that transporters and airport operators must guarantee the dignified and safe transport of passengers with disabilities or reduced mobility, respecting their autonomy and ensuring special assistance at no cost. The text provides that, when necessary, up to two additional seats will be offered free of charge to accommodate the passenger, their technical aids or medical equipment.
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What does the project say
Passengers will be entitled to take one suitcase weighing up to 12 kg free of charge as hand luggage on domestic flights, in addition to a personal item (such as a purse or backpack) as long as the volume fits in the luggage compartment or under the seat.
If the volume of hand luggage exceeds the weight, quantity or any of the permitted dimensions limits, the carrier may transport it as checked baggage, subjecting the passenger to the rules applicable to this service.
Air passengers are guaranteed, on domestic or international flights operated within national territory, the right to check in, at no additional cost, baggage weighing up to 23 kg.
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Airline responsibilities
If the volume of hand luggage cannot be accommodated in the cabin’s luggage compartment, due to security or capacity restrictions, it will be transported free of charge as checked baggage.
Special assistance
Companies must ensure the transport of passengers in need of special assistance, respecting their dignity and autonomy and observing the safety of operations, in accordance with the technical and operational standards issued by the civil aviation authority.
Undisciplined
The air service provider may stop transporting, for up to 12 months, a passenger who has committed an act of indiscipline considered very serious. This data can be shared between companies.
