Mining 2026

BRAZIL Law and Practice Contributed by: Roberta Bilotti Demange and Marina Bertucci Ferreira, Pinheiro Neto Advogados

Exchange (B3). However, this auction has since been postponed, with a revised timeline yet to be formally announced. Federal Programmes Brazil will hold general elections in 2026. At the time of writing, the landscape remains uncertain, including with respect to potential candidates and governing coalitions. Notwithstanding this uncertainty, a signifi - cant shift in mining policy is not expected. Historically, successive federal administrations, irrespective of political orientation, have consistently acknowledged the strategic role of Brazil’s mining sector. While differ - ent governments have naturally emphasised distinct policy priorities and regulatory approaches, there has been a growing and sustained recognition of the sec - tor’s importance and of Brazil’s potential to assume a more prominent role in global mineral supply chains. This trajectory is reflected in the increasing focus on critical minerals and energy-transition inputs, as well as ongoing legislative initiatives. In this context, a bill establishing a national policy for critical minerals is currently pending before Congress and is expected to be approved in 2026, signalling a state-level policy commitment, enhancing regulatory stability and legal certainty for long-term investment, and further rein - forcing expectations of continuity in the overall policy direction. 1.2 Legal System and Sources of Mining Law Brazil is a federative republic divided administratively into 26 states and the Federal District. Brazil’s legal system is based on the civil law tradition. The Federal Constitution currently in force, enacted on 5 October 1988, has general provisions regarding economic activity in the country and addresses a few industrial sectors, including mining. The Constitution basically provides that: • mining legislation can only be enacted at the fed - eral level; • property over minerals differs from property of the land where the minerals are located; • minerals on the ground are a property of the fed - eral government;

• exploration can be carried out by Brazilian individu - als or legal entities incorporated in Brazil under the authorisation of the federal government; • mining can be carried out by legal entities incorpo - rated in Brazil under the concession of the federal government; • exploration and mining are considered activities of national interest; • the mining concession holder has ownership of the extracted minerals; • landowners and local, state and federal govern - ments are entitled to a royalty; • mining is subject to environmental licensing; and • holders of mining concessions are obligated to restore the areas degraded by mining activities. The most important legal text on mining in Brazil is the Mining Code (Decree-law No 227/1967), which is supplemented by the regulations of the Mining Code (Decree No 9406/2018). The Mining Code and its regulations define and classify deposits and mines; set requirements and conditions for obtaining authori - sations, concessions, licences and permits; and pro - vide for the rights and duties of holders of exploration licences and mining concessions. There are additional pieces of legislation and regula - tory provisions governing specific matters related to the mining sector, such as the regime applicable to statutory royalties and rules governing tailings dams, as well as regulations relating to the institutional over - sight exercised by the ANM. 1.3 Ownership of Mineral Resources The Federal Constitution provides that the federal government owns the deposits and mineral resources (soil and subsoil), even where the land is regarded as private property. Any person who is intending to explore and/or extract minerals (mine) in Brazil must apply to the ANM for the corresponding authorisation or concession, even if the applicant owns the land where the exploration or mining will take place. It is common to have mining companies performing exploration and sometimes mining on land belonging to third parties. Brazilian legislation does not require the company to acquire the property of those lands. If the titleholder is not the owner of the land related

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