MPT gives Anac deadline to define standard on fatigue of Brazilian pilots

The MPT (Public Ministry of Labor) filed a procedure, on the 15th, which gives a period of 30 days for Anac (National Aviation Agency) to review the standard on fatigue control of Brazilian aviation pilots.

The action is another step in a civil inquiry, obtained by CNN Brasil, which already has more than 3,000 pages and is being carried out under judicial secrecy. The request also provokes the sector's employers' unions to present a position on the use of psychoactive substances by crew members.

The MPT investigation began in 2018 and, since then, has received frequent updates of documents, orders and procedures by the prosecutors involved with the civil investigation.

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Fatigue control
The standard on fatigue control established by Anac, known as RBAC 117 (Requirements for human fatigue risk management), was implemented in February 2020, one month before the COVID-19 pandemic. Until then, Brazil did not have a regulation on the situation.

According to the investigation, MPT prosecutors believe that the regulation is unconstitutional, as the working day should be established by the National Congress. The standard establishes, among other points, the possibility for the agency to determine an increase in working hours, with a reduction in rest. For prosecutors, there is concern that the decision to make any changes will be unilateral.

"After the fatigue control rule came into force, discussions began about reviewing the regulation, with meetings involving MPT and Anac. Among the main points raised by the crew are the maximum limits on working hours and flight hours, in addition to rest on board", explains Carlos Barbosa, pilot and lawyer specializing in aeronautical law.

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In a reality like this, pressure increases on a pilot, wanting him to work more and more, rest less and less and at increasingly irregular times, under the argument that companies need to be competitive and profitable. It's the right recipe for tragedies, for an increase in the number of aviation accidents in Brazil.

Anonymous report from a pilot to CNN Brasil

For the SNA (National Union of Aeronauts), the issue of pilot fatigue could put national aviation at risk. "Crew fatigue is no longer a specific issue and has become a structural concern for operational safety in Brazil", says Tiago Rosa da Silva, CEO of the SNA.

Accident report
In the last ten years, 520 air accidents in Brazil had psychological aspects among the contributing factors. These occurrences caused 129 fatal accidents and a total of 272 deaths. The data comes from Cenipa (Aeronautical Accident Investigation and Prevention Center) and is available for public consultation on the Sipaer Panel.

Among the accidents in which psychological aspects were analyzed, three main characteristics stand out: attitude, decision-making process and perception. Each occurrence can have multiple factors.

In addition to the civil inquiry, CNN Brasil also had access to a Final Report from Cenipa on an accident, which occurred in 2021, which left 14 injured, one of them in serious condition. On that occasion, a plane would take off from Cuiabá bound for Guarulhos Airport.

The takeoff process was aborted due to an alert about the hydraulic system on the dashboard. After the stop, the evacuation procedure was carried out incorrectly, without the pilots' command and with the engines still running.

In the report, fatigue may be a contributing factor to the non-standard attitude.

"He [the pilot] was in the second early morning flight and, according to his report, he felt tired on the day of the incident", says an excerpt from the report prepared by Cenipa technicians.

The document also highlights the wear and tear on pilots and flight attendants: "It is possible that the daily routine of regular airline flights has resulted in a lowering of the crew's level of situational awareness and limited their capacity."

See image from the Cenipa report of the emergency exit opened by passengers;

Voepass accident
Another report, but from MPT, on the fatal accident of the airline Voepass, which killed 62 people in June 2024, also points to fatigue as one of the possible causes. The document lists:

- Actual rest time less than the legal minimum rest time;
- Interruption of rest before the scheduled start time of the on-call period;
- Advanced times at which the work day ends, followed by very premature times when the work day resumes.

READ ALSO: MTE points to fatigue as the cause of Voepass accident that killed 62 people

Recipe for tragedy
"We are flying at the limit of the regulations. You combine physical fatigue, exhaustion and stress. The result is a complete mess." This is an excerpt from a report on the mental state of pilots in Brazil, heard by CNN Brasil.

Pilot fatigue occurs amid the growth of national aviation. The country broke the air transport record with 130 million passengers in 2025, for the first time surpassing pre-pandemic numbers.

In the 2026 carnival alone, there were more than 2.1 million passengers, a 10% increase compared to the same period last year. It's the industry's best performance for the holiday in the last 25 years.

"In a reality like this, the pressure on a pilot increases, wanting him to work more and more, rest less and less and at increasingly irregular times, under the argument that companies need to be competitive and profitable. It is the right recipe for tragedies, for the increase in the number of aeronautical accidents in Brazil"

The commanders' reports were obtained by CNN Brasil, which, at the request of the professionals, will protect their identities. Pilots fear retaliation from companies. The report interviewed at least one pilot from each of Brazil's three airlines: Latam, Gol and Azul.

For pilots, pressure and an exhausting routine cause mistakes in a sector that cannot afford to make mistakes. "I've had operational error events, such as lapses, which were caused by mental exhaustion resulting from fatigue caused by exhausting flight schedules. Some of these events were documented through flight safety reports, but, unfortunately, they were not reflected in improvements in flight schedules in the company I work for", says one of the pilots, who has been flying for over 30 years.

It's like competing for a parking lot for 100 cars, with only 30 spaces.

Anonymous pilot report

Part of the professionals' fatigue is due to the high flow of land operations. At São Paulo airports, for example, it often takes a while to find a finger (point that connects the aircraft to the arrival terminal). Sometimes, the pilot needs to inform passengers that there is no forecast for the buses to disembark safely inside the airport.

The rule governing fatigue control was drawn up in 2019 and came into force in 2020 - Arte/Thomaz Coelho
Mental health
Crew fatigue causes mental health problems, according to an internal survey by the category union, carried out in 2024. Around 95% of those interviewed have already felt tired and have not notified the airlines; at least 73% do not feel comfortable making the report and more than half (57.63%) reported having slept on duty for a few seconds.

The survey interviewed 4,359 professionals, including pilots and flight attendants.

"The majority avoid seeking help. Professionals fear being seen by the company as inadequate for this reason and losing their job. This feeling is reinforced by the action of companies that, from time to time, fire crew members who are returning from medical leave due to mental health", says one of the commanders in a report to the reporter. "This sends a clear message to others: Do not stay away from work because of your mental health, as the consequence could be dismissal", added one of the commanders to the report.

According to the WHO (World Health Organization), burnout is conceived as resulting from chronic stress in the workplace that has not been successfully managed. The syndrome is characterized by three dimensions, namely: feeling of exhaustion or exhaustion, increased mental distance from work and reduced professional effectiveness.

Some companies have psychological support programs, but despite this, we still have cases of dismissals and reprisals against crew members who are removed for psychiatric reasons.

Testimony from a pilot

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Global concern
The discussion is global. The project "Aviation Mental Health Law" (in free translation) authored by federal deputy Sean Casten, from the United States, was approved by the Chamber in September 2025.

"Pilots should not be unfairly penalized for seeking mental health care. The current system perpetuates a culture of silence, and it is past time for this to change", says the deputy, in testimony during the approval of the project

The bill now awaits a vote in the US Senate. Among the demands are some examples: annual review of the special issuance process in mental health, funding for advertising mental health campaigns for pilots and recruitment of more doctors for periodic evaluations

READ ALSO: Plane engine explodes during takeoff at Guarulhos Airport

Other side
CNN Brasil sought out Latam, Gol and Azul, but the companies did not want to comment. Snea (National Union of Aviation Companies) asked us to speak to Abear (Brazilian Association of Airlines), which was also approached, but has not taken a position so far.

Anac expressed its opinion, through a note, about the demand for the category's participation in validating the regulation mentioned in the report (RBAC 117);

"Collective agreements are normative documents established between companies/groups of companies and the unions that represent them, operating in a scope over which Anac does not have legal competence. The Agency, in any case, closely monitors the issue of mental health of civil aviation personnel."

When contacted by the report, the MPT, through a note, expressed its opinion on the issue of pilot fatigue;

"The Public Ministry of Labor considers it necessary to constantly improve the rules set out in the Brazilian Civil Aviation Regulation nº 117 of ANAC, with a focus on reducing the risks inherent to civil aviation activity, in particular, to manage the risk of human fatigue. To this end, exhaustive work schedules, consecutive early mornings of work by the same crew members and long working hours must be prohibited so as not to cause damage to the physical and mental health of workers and not compromise the safety of flights.

According to Labor Attorney Raymundo Ribeiro, national coordinator for the Defense of the Work Environment and Workers' Health (Codemat) at MPT, "when an air accident occurs, discussions in the media about its causes generally revolve around just the lack of maintenance of the aircraft or human error, when excessive working hours and suppression of workers' rest periods may be the real cause of the accident.

This is what human fatigue risk management must focus on, that is, on the peremptory prohibition of exhaustive work schedules, consecutive early mornings of work by the same crew members and prolonged working hours"

The Ministry of Ports and Airports states that: "The Ministry of Ports and Airports remains open to dialogue, with the aim of following discussions and contributing to the construction of solutions that preserve operational safety, the health of professionals and the efficiency of air operations."

Infraero did not respond to the report's request for positioning. The space remains open.

*Contributed to the report Thomaz Coelho

Source: CNN