📋 Tender Overview
The Ministry of Human Rights and Citizenship (MDHC), through the National Secretariat for the Rights of Persons with Disabilities (SNDPD), met with the National Civil Aviation Agency (ANAC) last Friday (22) to deal with the proposal to update Resolution No. 280/2013. The standard establishes procedures to ensure the accessibility of passengers with the need for air transport assistance.
During the meeting, the National Secretary for the Rights of Persons with Disabilities, Anna Paula Feminella, presented a letter with technical and legal recommendations to improve the draft resolution, highlighting the need for alignment with the Brazilian Law of Inclusion of Persons with Disabilities (Law No. 13.146/2015). The objective is to ensure that the rights to accessibility and the autonomy of passengers are fully respected, ensuring that air sector regulations comply with the principles of inclusion and human rights of people with disabilities, he said.
One of the points discussed at the meeting was the newsroom of Article 17 of the draft which is currently in public consultation. The MDHC representative showed concern about the possibility of interpretations that may restrict the autonomy of people with disabilities by allowing airlines to evaluate unilaterally whether or not a passenger may travel unaccompanied. The can be accessed on the platform, also accessible through the Page consultations and public hearings from ANAC. Writing contributions should be sent to the agency through an electronic form.
Impact
Femininella stressed the importance of ensuring that passengers with disabilities have their rights respected, without discussion rules being applied in a mistaken manner or harm their autonomy. Recent situations show that an excerpt from the text that is still in public consultation has already had impacts on the treatment of people with disabilities, generating unilateral decisions - by airlines - impediments, embarrassment and difficulties in the shipment of people with disabilities fully able to travel alone, said the manager.
Anac argued that the reference to the need for a companion in the rule proposal is associated with cases where there is a need for flight in stretcher, incubator, among other similar cases. The agency also stressed that the proposal in public consultation has the principle of increasing the autonomy of people with disabilities to travel without companion.
Item III of Article 17 of the proposal at a public hearing is an exceptional device, which must be applied only to severe mobility limitations. It should not be interpreted as a device applicable to any person with disabilities. However, if this intention is not reflected in the text of the standard, we are open to popular participation to improve the text and leave it with the intention of the agency, which is to expand access to air transport with the rules of security, said the security rules. Substitute CEO of ANAC, Roberto Honorato.
In Honoratos view, the understanding that the device under discussion and the new standard are not in force is essential. In this procedure of social participation, Anacs intention is to receive comments from the whole society, in order to improve the norm, including its writing, so that there is no doubt about its application, he said. Anac said it will formally notify airlines to reinforce the correct interpretation of the norm, which is under discussion. The public consultation of the draft resolution follows open on the Place + Brazil platform and had its closing deadline - hitherto scheduled for March 27 - extended until May 26 in order to allow greater social participation. The extension warning was published in the Federal Official Gazette on Wednesday (26).
