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Aviation in Brazil: open airline ownership, domestic market access, foreign carriers and aircraft registration

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Last verified: 2026-10-27 · Status: Stable

Brazil opened air services to any person in 2022: domestic air transport is reserved only to companies incorporated in Brazil with head office and management in the country, and the former airline ownership articles of the Aeronautics Code have been repealed. Foreign airlines fly international routes under ANAC operating authorizations and bilateral agreements, without the Civil Code's prior authorization to operate. Aircraft title and security interests are recorded in the single public Brazilian Aeronautical Registry.

Key facts

Statutory foreign ownership cap for domestic airlines	none (local incorporation, head office and management required) textLei nº 7.565 art. 216, as of 2026-10-27 · in force

The rule

1. Air services are economic activities of public interest regulated by the civil aviation authority (ANAC), whose rules cover scheduled and non scheduled services in line with Brazil's international agreements. Operating air services is open to any natural or legal person, subject to the Code and ANAC rules.Lei nº 7.565 (Brazilian Aeronautics Code), arts. 174-A and 193-A included by Lei nº 14.368 of 14 June 2022, Arts. 174-A and 193-A, 2022-06-14 official text · verified 2026-10-27 · changed: Lei nº 14.368 of 14 June 2022 (from MP 1.089 of 29 December 2021) opened air services to any person and repealed the old concession and ownership articles.

2. Domestic air transport, where departure, intermediate and destination points are all in Brazil, is reserved to legal entities incorporated under Brazilian law with head office and management in Brazil. The former chapter on airline concessions and ownership was repealed: arts. 184 to 186 by Lei nº 13.842 of 17 June 2019 and arts. 180 to 183 by Lei nº 14.368 of 2022.Lei nº 7.565, art. 216 as worded by Lei nº 14.368, Arts. 180 to 186 (repealed), 215 and 216, 2022-06-14 official text · verified 2026-10-27 · changed: Lei nº 13.842 of 17 June 2019 and Lei nº 14.368 of 14 June 2022 removed the ownership articles; the test is now local incorporation, head office and management.

3. International air transport may be performed by Brazilian or foreign airlines, subject to bilateral treaties or, failing them, the Code. A foreign airline needs an ANAC operating authorization and is exempt from the Civil Code art. 1.134 prior authorization to operate in Brazil; its registration filing at the commercial registry follows DREI rules.Lei nº 7.565, arts. 203 and 205 as worded by Lei nº 14.368, Arts. 203 and 205 caput and § 2, 2022-06-14 official text · verified 2026-10-27

4. Agreements between air service operators involving consortium, pooling, connection, consolidation or merger of services or interests must follow ANAC's specific regulation.Lei nº 7.565, art. 192 as worded by Lei nº 14.368, Art. 192, 2022-06-14 official text · verified 2026-10-27

5. The Brazilian Aeronautical Registry is public, single and centralized. It issues registration, airworthiness and nationality certificates, recognizes transfers of title between living persons and real rights of use and security, assigns nationality and registration marks and records documents on title, other real rights and abandonment.Lei nº 7.565, art. 72 as worded by Lei nº 14.368, Art. 72 I to VII, 2022-06-14 official text · verified 2026-10-27

6. No aircraft may be cleared to fly without a valid airworthiness certificate, and aircraft coming from or going abroad must make their first landing or last take off at an international airport.Lei nº 7.565, Arts. 22 and 114, 1986-12-19 official text · verified 2026-10-27

Worked example

A foreign group sets up a Brazilian low cost airline: it incorporates a Brazilian company with head office and management in Brazil (Lei nº 7.565 art. 216), which may be wholly foreign owned since the ownership articles were repealed, obtains ANAC certification under its rules (art. 174-A), and records leased aircraft and security interests in the Brazilian Aeronautical Registry (art. 72). Its foreign parent can keep flying international routes into Brazil under an ANAC operating authorization and the bilateral agreement (arts. 203 and 205).

Step by step

1. Choose the route: Brazilian airline for domestic flights, or foreign airline authorization for international flights.
2. Incorporate in Brazil with head office and management in Brazil for domestic operations.
3. Obtain ANAC certification and operating specifications.
4. Register aircraft, leases and security interests with the Brazilian Aeronautical Registry.
5. Clear codeshare, pooling or merger agreements under ANAC rules and CADE merger control.

Common traps

A foreign airline cannot operate purely domestic routes; those are reserved to Brazilian incorporated airlines.
Unregistered aircraft transfers and security interests may not be recognized by the Registry.
Commercial agreements such as pooling or consolidation between operators fall under ANAC regulation and may also need CADE clearance.

Sources

Lei nº 7.565 (Brazilian Aeronautics Code), Congress normas.leg.br

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