Yes — with one important qualification. Under ANAC Resolution No. 807/2026, an airline must allocate a passenger under 16 to a seat contiguous with that of their responsible adult or family member, either when the ticket is purchased or when the booking needs to be changed. The rule prohibits an additional fee for assigning the minor's seat when that assignment is required to meet this obligation.
The waiver does not make every seat choice free. The resolution itself allows the normal charge when the chosen solution involves a change of class or an extra-legroom seat. It is also worth noting that the text was issued in provisional compliance with a court ruling and states that ANAC's legal challenges are still pending before the Federal Regional Court of the 1st Region.
What ANAC Resolution 807/2026 guarantees
The core rule is in Article 2. The airline must ensure that a passenger under 16 is allocated a seat contiguous with that of a responsible adult or family member at two points: when the ticket is purchased and whenever the reservation needs to be changed.
- Who is protected: passengers under 16 traveling with a responsible adult or family member.
- What must be guaranteed: a seat contiguous with the responsible adult's or family member's seat.
- When: at purchase or during a later reservation change.
- Which charge is barred: an additional fee for assigning the minor's seat when needed to keep the minor next to the accompanying person.
- Express exceptions: a change of class and selection of an extra-legroom seat, situations in which an additional charge is normally required.
The resolution took effect on the date it was published in the Federal Official Gazette, July 8, 2026, and revoked Ordinance No. 13,065/SAS/2023, which had already addressed the right to an adjacent seat.
Does “contiguous seat” really mean sitting next to each other?
In ANAC's practical usage, yes. The current text uses “contiguous seats”; the previous rule used “adjacent seat,” and ANAC guidance describes the protection as the minor's right to travel next to at least one responsible adult. Merely being in the same row while another passenger sits between them does not match the ordinary meaning of adjacent or side by side.
Resolution 807 does not, however, give passengers a right to freely choose any seat number, a specific row, or a premium seat block. The airline's duty is to provide an allocation that complies with the rule under the conditions applicable to the booking.
Can the airline charge for the responsible adult's seat selection?
Resolution 807 is specific in saying that there must be no additional fee for assigning the minor's seat. It does not create a blanket waiver for every seat choice made by the adult. It therefore helps to separate two situations:
- if the airline assigns a standard seat to the responsible adult and must place the minor next to that seat, the minor's seat assignment needed to comply with the rule should not generate an additional fee;
- if the adult chooses to buy a particular seat product — for example, a category with its own benefits — the fare rules for that product may still apply, as long as the airline does not turn the obligation to keep the minor next to the adult into an improper charge for the minor's standard seat.
If the checkout is unclear, ask the airline to identify in writing which part of the price relates to the adult's choice and which part would be attributed to the minor's seat.
When a cabin or extra-legroom charge may apply
The exception is explicit in the resolution. If meeting the passenger's chosen arrangement requires a change of class or if the selected seat has extra legroom, the additional payment may normally be required.
| Situation | What the rule indicates |
|---|---|
| Minor in a standard seat next to the responsible adult | No additional fee should be charged for assigning the minor's seat. |
| Airline changes the booking and the minor is separated | The airline must restore a contiguous allocation with the responsible adult or family member, subject to the rule's conditions. |
| Family chooses an extra-legroom seat | The additional charge may normally be required. |
| The solution depends on moving to a higher class | The resolution does not guarantee a free upgrade; a class change is one of the exceptions. |
| Adult wants a specific seat number | The rule guarantees contiguity for the minor, not unrestricted choice of any seat. |
What to do if the website separates the minor from the adult
If the seat map shows only paid options or separates the minor, do not automatically assume the charge is valid. Sales systems may display commercial seat options before applying the mandatory allocation. The safest approach is to document the issue and ask the airline to correct it.
- Keep the booking reference and confirm that the minor and the responsible adult are on the same booking or that the airline can identify the relationship between the passengers.
- Take screenshots of the seat map, fee messages, and the step where the system prevents side-by-side allocation.
- Contact the airline and cite ANAC Resolution No. 807/2026, Article 2.
- Request a solution using contiguous standard seats and ask for a case number or written confirmation.
- If a charge has already been paid, keep the receipt, payment proof, and description of the service charged.
For larger groups, different aircraft layouts, or bookings changed close to departure, the resolution does not spell out every possible operational combination. That does not remove the contiguity obligation, but it makes it especially important to contact the airline early and document the response.
How to file a complaint if the airline does not resolve it
First, try to resolve the issue directly with the airline and keep the case numbers. If the response is unsatisfactory, ANAC states that the Anac Passageiro platform allows passengers to file complaints against airlines. The Agency also uses Consumidor.gov.br as part of its consumer-dispute handling policy.
In the complaint, describe the facts objectively: the minor's age, route, flight date, assigned seats, any amount charged, previous contacts with the airline, and the solution requested. Attach supporting documents when the channel allows it. Filing a complaint creates a verifiable record and may support ANAC's oversight, but it does not automatically guarantee a refund, compensation, or a favorable outcome.
What Resolution 807 does not promise
The rule protects proximity between a passenger under 16 and a responsible adult or family member, but it does not promise a preferred row, window or aisle, premium cabin, extra legroom, or a free upgrade. Nor does it make every seat fee in the booking unlawful: the key point is that the airline may not charge an additional fee for assigning the minor's seat when that assignment is needed to meet the obligation to keep the minor contiguous with the responsible adult or family member.
For the most common case — a passenger under 16 traveling with a responsible adult in standard seats — the practical answer is: the minor should be seated next to the adult, and the airline should not charge an additional fee for assigning the minor's seat to ensure that contiguity.
