BRAZIL Law and Practice Contributed by: Carlos Vilhena, Roberta Bilotti Demange and Marina Bertucci Ferreira, Pinheiro Neto Advogados
3.3 Sustainable Development Initiatives Related to Mining One of the main principles of the Mineral Law in Brazil is the provision for environmentally sus - tainable mining. As a result, holders of mining concessions are obligated to restore the areas degraded by mining activities. In practical terms, some companies have incor - porated sustainable development initiatives not only in preparation for mine closure, but also as part of the operations. Some of those initiatives have the purpose of meeting one or more tasks of the sustainable development goals. It has also been reported that a few initiatives may involve partnerships with local authorities. However, there are no public policies by the federal gov - ernment to encourage or foster such initiatives. 3.4 Energy-Transition Minerals Launched in August 2024 by President Lula, the National Energy Transition Policy (PNTE) aims to promote sustainability and reduce greenhouse gas emissions by restructuring Brazil’s energy matrix. It seeks to promote just and inclusive energy transition by addressing environmen - tal goals while mitigating social and economic impacts, reducing energy poverty, and ensuring universal access to reliable energy. PNTE is formed of two instruments, the National Energy Transition Plan (PLANTE) and the Nation - al Energy Transition Forum (FONTE). PLANTE outlines long-term strategies for emissions neu - trality and sustainable growth, while FONTE facilitates dialogue between government, civil society, and the private sector, offering recom - mendations and promoting transparency in pol - icy development. The PNTE also emphasises international co- operation, technological innovation, energy
and support for the project, creating larger dif - ficulties for its development. In addition, the recent tailings dam failure events in Mariana and Brumadinho, and the mine col - lapse in Maceió, also created a more complex scenario for mining companies to develop a relationship with communities and to hold their social licence.
3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects
So far, there is no specific legislation or regula - tion referring to climate change matters in Brazil applicable specifically to mining activities. The issues related to climate change are indirectly addressed by means of the regular environmen - tal protection laws in force in the jurisdiction. 3.2 Climate Change Legislation and Proposals Related to Mining No climate change legislation has been passed in Brazil. Since inauguration in early 2023, the new government has been fostering discus - sions regarding climate change in general, and not only with regard to mining. The federal gov - ernment has pushed a set of bills in Congress aimed at addressing climate change concerns, ahead of Brazil’s participation in the 2023 UN Climate Change Conference. The bills regulate the carbon market, green hydrogen, offshore wind power and biofuels, but none of them spe - cifically addresses mining. So far, only the off - shore wind power bill is pending in Congress. All other new regulations were passed into law throughout 2024.
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