Mining 2026

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

(iii) ANM Resolution No. 223/2025 Resolution No. 223/2025, effective from 23 November 2025, repeals Resolution No. 122/2025 and updates the sanctioning and penalty regime applicable to agents who commit infractions in the mining sector. The new regulation establishes updated fine amounts and stricter penalty criteria to reduce recidivism and enhance regulatory compliance, ensuring that min - ing activities are carried out safely, responsibly and in compliance with legal requirements. The infractions were organised into three thematic cat - egories: (i) Financial Compensation for the Exploration of Mineral Resources (CFEM); (ii) mineral exploration; and (iii) other obligations relating to mining operations, dams, the environment and operational safety. The resolution reinforces, therefore, the ANM’s com - mitment to improving regulatory governance and strengthening inspection in the mineral sector, seeking to balance economic development and socio-environ - mental responsibility. (iv) Overview of regulatory advances Implementation of the 2025/2026 Regulatory Agenda represents a significant modernisation of regulations across the mineral sector. Key highlights include: • Resolution No. 209/2025, an important tool to combat illegal mining and streamline the disposal of seized goods; • Resolution No. 220/2025, which consolidates dam safety standards, strengthens legal certainty and reduces interpretative conflicts; and • Resolution No. 223/2025, which modernises and strengthens the sanctioning regime. Beyond the reforms already implemented, the ANM, civil society and policymakers continue to debate additional regulatory updates to ensure alignment with an increasingly modern, technological and dynamic mining industry.

Another noteworthy point is the provision that the ANM, which is usually responsible for the custody of the seized assets, may appoint a custodian under the following circumstances: (i) impossibility of transfer or handling of the mineral asset and equipment by the ANM support team in the inspection or other appropri - ate means; (ii) distance of the mineral asset and equip - ment from the ANM base; (iii) dangerousness due to the value of the seized mineral property, causing risk to the lives of the employees who will carry the mineral goods without police support; or (iv) in cases where the ANM cannot maintain the custody of the seized assets adequately and safely, or when custody does not prove to be the most advantageous alternative and consistent with the public interest. The rule also requires the offender to bear all expens - es relating to storage, custody, demurrage, fines and fees. (ii) ANM Resolution No. 220/2025 ANM Resolution No. 220/2025, which will come into effect on 22 April 2027, concerning Articles 76 and 77, and on 2 August 2027, for all other provisions, sets forth updated rules for mining tailings dams. This resolution marks a regulatory milestone by con - solidating and updating safety standards for mining dams, replacing ANM Resolutions Nos. 95/2022, 130/2023 and 175/2024. The consolidation of the rules on dam safety in Reso - lution No. 220/2025 improves clarity, reduces inter - pretative discrepancies, and strengthens regulatory structure and legal certainty. Among the innovations introduced are stricter criteria for risk classification and associated potential dam - age, enhanced requirements for technical monitor - ing, and expanded responsibilities for mine operators regarding preventive management and transparent risk communication. These measures reinforce the priority given to the integrity of mining structures and the protection of communities and the environment, aligning national regulation with international best practices and les - sons learned from past incidents.

37 CHAMBERS.COM