Mining 2026

BRAZIL Trends and Developments Contributed by: Clovis Torres, Solange Costa, Antonio Andrade and Clara Souza, Mello Torres

Mello Torres Av. Brigadeiro Faria Lima, 3355 16th floor São Paulo - 04538-133 Brazil Tel: +55 (011) 3074 5700 Email: contato@mellotorres.com.br Web: mellotorres.com.br

Overview of Mining in Brazil The mineral sector plays an extremely important role in the Brazilian economy and is essential for social and economic development on a global scale. Mining is present in society’s daily life, providing fundamental raw materials for various segments, such as fertiliser production, transportation, industry, technology and civil construction. According to data published by the Brazilian Mining Institute (IBRAM), in the first half of 2025, the mineral sector recorded a 7.5% increase in revenue, job crea - tion and tax collection compared to the same period in 2024. This increase in revenue resulted in the creation of more than 5,000 new jobs and an increase in the collection of Financial Compensation for the Explora - tion of Mineral Resources (CFEM), which also grew by approximately 7.5%. IBRAM also highlighted a significant increase of more than 41% in the revenue of critical minerals, consid - ered essential to the energy and technological transi - tion. In this context, it is crucial that Brazil, considering the expansion of the mineral industry and the need to replace environmentally harmful substances, advanc - es in modernising mining regulation, strengthening environmental governance and adopting sustainable practices. Such measures are key to fostering eco - nomic development aligned with sustainability and consolidating the country’s mineral potential as a stra - tegic pillar of the green transition and international competitiveness. This need to modernise mining regulation was reflect - ed both in the 2025/2026 Regulatory Agenda of the

National Mining Agency (ANM) and in the broader civil-society debate towards legislation that better reflects the industry’s current dynamism. Regulatory Agenda 2025/2026 The ANM’s Regulatory Agenda 2025/2026 identifies topics of high importance for the development and enhancement of various aspects of the mineral sector, representing a significant milestone for regulatory and institutional progress. Implementation of this agenda has resulted in the modernisation of mining legislation, as detailed below. (i) ANM Resolution No. 209/2025 Resolution No. 209/2025, published and in force since 17 June 2025, establishes guidelines and administra - tive procedures applicable to cases of seizure, forfei - ture and disposal of mineral goods and equipment from illegal mining. The regulation details each step of the administrative process arising from illegal mining activities, including defences, procedural deadlines and decision-making criteria. In addition, the Resolution provides that, in case of seizure, the assets must be disposed of according to the specified order of priority, namely: (i) public auc - tion, to be formalised by means of a public notice, bidding committee and full evaluation of the assets, in which offenders and legal entities constituted or linked by them, public servants, and employees and relatives up to the third degree may not participate; (ii) execution of a Conduct Adjustment Agreement (TAC); (iii) donation or incorporation of assets to public bod - ies or social entities; and (iv) destruction or rendering unusable when it is not possible to apply the previous measures or after up to three unsuccessful attempts to sell them by auction.

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