The plenary of the Senate approved, this Tuesday (17/05), the Provisional Measure that makes the rules of air transport more flexible (MP 1089 / 2021).
Known as MP do Voo Simples, the matter is valid until June 1 and was approved in the form of the Conversion Bill (PLV 5/2022), reported by Senator Carlos Viana (PL-MG). As it was modified in the Senate, the matter returns for analysis by the Chamber of Deputies.
The Senate confirmed the text of the Chamber regarding the free dispatch of one piece of luggage per enger — 23 kilos on domestic flights and 30 kilos on international flights.
Carlos Viana had withdrawn this prediction in his report, arguing that only two countries in the world adopt free baggage: Cuba and North Korea.
He said that the cost of shipping would be shared among all engers and made an appeal for the future and modernity of the airline industry.
Senator Nelsinho Trad (PSD-MS), however, highlighted the issue of free baggage dispatch, as provided by the Chamber. He said that the MP already presents several advances for the airline industry and free baggage would be a benefit for the consumer. Taken to a vote, the highlight was confirmed by 53 votes to 16.
"It's good for both sides: this MP is already a step forward for airlines and free baggage is the rescue of a situation of differentiated treatment to the consumer", argued Nelsinho.
In 2017, airlines were allowed to charge for checked baggage. The companies claimed, at the time, that this would reduce the value of tickets, which ended up not happening. Nelsinho Trad presented data showing that, even with the charge for luggage, the ticket price rose 8% in 2019 and 20% last year.
Senate amendments – Text returns to the House
In the Senate, 13 amendments were presented, four of which were accepted by the Senate. One of them was Senator Alexandre Silveira (PSD-MG). Among other changes, the amendment establishes that the Social Contribution for Aeronautical Professional Education, which today is destined for the Airway Fund, will maintain only 60% of the collected for this fund and will allocate 40% to the Social Service of Transport (Sest) and for the National Transport Apprenticeship Service (Senat).
Senator Mara Gabrilli (PSDB-SP) and Senator Esperidião Amin (PP-SC) suggested deleting the term “non-delegable” in the competence attributed to Anac to regulate and grant qualification certificates for air sports practitioners.
The rapporteur understood that it was better to delete the entire paragraph dealing with the topic, to avoid “inaccuracy”. Carlos Viana said he feared the possibility that, with the text approved without the participation of sports entities, the regular practice of sports activities could become impracticable.
Carlos Viana had also accepted Senator Carlos Portinho's (PL-RJ) suggestion to establish a ceiling for charging minors at 5% of the price of the ticket purchased per segment.
In plenary, however, Carlos Portinho informed that the government must issue a decree to allow the person responsible to accompany the minor until the actual boarding on the aircraft.
For Portinho, the government's measure is more beneficial to the consumer, since companies would no longer charge the fee. So he asked for his amendment to be withdrawn. The rapporteur himself also presented other amendments with wording adjustments and deletions to avoid “mistaken interpretation” of the changes in the legislation.
Worry
Senator Jorge Kajuru (Podemos-GO) called the airlines a “cartel”, ing the promise to reduce fares if luggage was charged. He also complained about the cost of rescheduling and canceling flights.
Senator Nilda Gondim (MDB-PB) defended the Chamber's text to maintain free baggage dispatch. For the senator, free luggage is a help for the Brazilian population.
For Jean Paul Prates (PT-RN), however, the issue of charging for baggage is a minor problem within the airline sector. He said that there are two important points for the sector: competition and fuel.
The senator congratulated the rapporteur for his work on such a complex issue, but noted his concern with the regulatory issue. He suggested a wording change, to make it clear in the project that the airline industry remains regulated – which was accepted by the rapporteur.
Senator Zenaide Maia (Pros-RN) also expressed concern about the withdrawal of some powers from the National Civil Aviation Agency (Anac) and the Air Force. She also criticized airlines for never lowering ticket prices, even before the coronavirus pandemic or the war in Ukraine.
“The airline industry lied to the Brazilian people”, said the senator.
Cheers
For Senator Esperidião Amin (PP-SC), the report was prepared by an “expert”. Senator Soraya Thronicke (União-MS) classified the rapporteur's work as “brilliant”.
She said the main challenge for airline ticket prices today is the cost of fuel. Senator Fábio Garcia (União-MT) defended free luggage, praised the report and asked for more competitiveness in the sector, as a way of lowering ticket prices.
Single Flight
The Provisional Measure was edited in December 2021 by the federal government as part of the Simple Flight Program, which currently includes more than 60 Anac actions, whose objective is to simplify and reduce bureaucracy in the aviation sector.
However, the deputies approved, on April 26, a much more comprehensive text that revokes and changes provisions of the Brazilian Aeronautical Code (CBA – Lei 7.565, from 1986) and other laws that regulate the sector.
“This MP seeks to modernize the entire licensing system and facilitate access to the Brazilian market by new air service providers. The intention is to reduce bureaucracy in the sector”, declared Carlos Viana.
The MP extinguished the distinction between public air services (commercial and regular flights, transporting engers, cargo and mail) and private air services (for reserved use by the owner), foreseen in article 174 of the CBA, which in theory facilitates the flexibility of requirements related to public services.
The text also authorizes “any person, natural or legal,” to operate air services and removes from the CBA the need for prior authorization from the aeronautical authority to build airports and the need for registration, homologation and registration of civil aerodromes. The article of the same law that submitted aerial services for the application of insecticides, herbicides and defoliators to special regulation is also revoked.
ANAC
The MP removed from the National Civil Aviation Agency (Anac) the prerogatives of “granting, allowing or authorizing the provision of air services” and to “ensure the inspection and publicity of tariffs”, provided for in Law 11.182, from 2005, who created the agency.
ANAC will only be able to “regulate the operation of air services” and ask airlines to “communicate the prices practiced”.
The text simplifies the Civil Aviation Inspection Fee (TFAC), created together with ANAC. Reduces from more than 300 to 25 the “active triggering situations” for the payment of TFAC by concessionaires and airlines.
The MP also authorizes ANAC to change airport tariffs to compensate for the end, as of 2023, of charging the contribution to the National Civil Aviation Fund, currently due by airport concessionaires.
The article also authorizes the Executive to carry out public-private partnerships (PPPs) at the airports in the Amazonian municipalities of Barcelos, Carauari, Coari, Eirunepé, Lábrea, Maués, Parintins and São Gabriel da Cachoeira.
Source: The Senate Agency
