Comentários da reforma do Código Brasileiro de Aeronáutica

Por Ricardo Bernardi e Leonardo Rolim da Costa e Silva.

According to the Brazilian legislative process, after the release of the Provisory Measure, the Congress had 60
days, extendable for another 60 days, to ratify the legislation, otherwise it would lose its effects. The ratification
was completed on May 24, 2022, and then the Bill of Law, arising from the Provisory Measure, was sent to be
enacted by the Brazilian President.
Considering the changes implemented by the Brazilian Congress, President Jair Bolsonaro had the power to veto
any article and the article that established the charging for baggage transportation as an abusive practice was
vetoed.
The veto in question avoided a huge setback in terms of modernity in air transportation regulation and would
place Brazil out of step with the best world practices.
Among the changes implemented by the Brazilian Congress, we highlight the cancellation of the previous
authorization process for the incorporation of branches of foreign airlines that intend to start their operation in
Brazil.
From now on, with the entry into force of the Federal Law nr. 14.368/2022 foreign companies can present their
corporate documents directly for registration with the Board of Trade of the State in which they wish to establish
their branch office, without obtaining any previous authorization with the Executive Power, which until
yesterday would be carried out before the Brazilian Department of Registration of Business and Integration –
DREI.
The CBA was also amended to provide that ANAC will regulate the treatment of unruly passengers, which may
even include a ban on ticket sales for a period of up to 12 (twelve) months.
On payment deficiencies the final language establishes that airport fees unpaid for more than 15 days will be
subject to monetary adjustment, after 30 days late fees of 1% per month will also incur. Airport operators are still
authorized to pursue payment of fees in advance for defaulter parties, before utilization of the airport
infrastructure and suspend the utilization of the airport services, including its equipment and facilities, except if
the unpaid dent is being challenged.

This article is not intended to cover all changes implemented by the Brazilian Congress to the Provisory Measure
nr. 1,089, but just focus on the most relevant ones. There are other modifications implemented in the Bill of Law
– additional powers to ANAC, airports new concession, fiscal impacts on the export of aircrafts manufactured in
Brazil – which have not been covered by this text

Publicado originalmente em Inglês no site Lexology:  https://www.lexology.com/library/detail.aspx?g=fbc46774-3725-4e4e-976a-719f910f5d46