ANM Summaries (Súmulas)
2 min
News, Mining
See also: Public Consultations and Hearings | ANM Precedents
On May 6, 2026, the Brazilian Chamber of Deputies approved Bill No. 2,780/2024, which establishes the National Policy on Critical and Strategic Minerals (PNMCE). The approved text, with Congressman Arnaldo Jardim serving as rapporteur, sets forth guidelines for the exploration, mining, beneficiation, mineral processing, and urban mining of minerals considered strategic for the energy transition, food security, national sovereignty, and technological development.
The proposal creates the Special Council on Critical and Strategic Minerals (CMCE), attached to the Presidency of the Republic, responsible for defining the country?s strategic minerals, designating priority projects, and reviewing changes of control involving companies holding mining rights related to such minerals.
Among the main instruments established by the bill are the creation of the Mining Activity Guarantee Fund (FGAM), with an initial federal contribution of up to BRL 2 billion, mandatory traceability mechanisms, low-carbon mining certification, tax and credit incentives aimed at promoting value-added activities within Brazil, and administrative and regulatory prioritization for projects qualifying under the policy.
The bill also provides for priority auctions of strategic mineral areas, incentives for urban mining, integration with federal energy transition programs, and specific rules regarding exports, corporate governance, and access to information considered strategic to Brazil. Following approval by the Chamber of Deputies, the bill was forwarded to the Federal Senate.
On May 13, 2026, the Brazilian National Mining Agency (ANM) issued Resolution No. 237/2026, establishing new rules, procedures, and workflows for the processing of user submissions and complaints related to services provided by the Agency.
The regulation designates the Ombudsman’s Office (Ouvidoria) as the unit responsible for receiving, reviewing, forwarding, and monitoring such submissions, while formally establishing the Fala.BR System as the official platform for the registration, tracking, and response to user submissions.
The Resolution governs the processing of access-to-information requests, complaints, service requests, suggestions, commendations, reports of misconduct, and proposals for administrative simplification, establishing specific procedures, response deadlines, and mechanisms to protect the identity of whistleblowers.
The regulation also reinforces the mandatory submission of complaints through the Ombudsman’s Office, defines the responsibilities of the ANM?s Internal Affairs Office (Corregedoria) and Internal Audit Office (Auditoria) in investigative proceedings, and provides for the use of the Electronic Information System (SEI) for the internal processing of submissions.
On June 8, 2026, the Federal Court granted the interim relief sought by the Federal Prosecutor’s Office (MPF), ordering the immediate suspension of the environmental licenses of two mining companies operating near the Abolição Quilombola Community, located in Santo Antônio de Leverger, in the State of Mato Grosso. The Court also ordered the Mato Grosso State Secretariat for the Environment (Sema/MT) to refrain from issuing new authorizations for the projects until prior consultation with the community is carried out and socio-environmental impact studies are completed.
The decision was based on a civil inquiry that identified environmental impacts arising from the mining activities and the absence of participation by the Quilombola community in the environmental licensing process, despite its formal recognition by the Palmares Cultural Foundation. The Court emphasized that the right to prior, free, and informed consultation constitutes an autonomous right under International Labour Organization (ILO) Convention No. 169, and that pending administrative proceedings do not relieve the State of its obligation to ensure the participation of traditional communities in decisions that may affect them.
On June 3, 2026, the Brazilian Chamber of Deputies approved the fast-track procedure for Bill No. 957/2024, allowing it to proceed directly to a plenary vote. The bill amends the Brazilian Mining Code, Law No. 6,567/1978 (mineral licensing regime), and Law No. 7,805/1989 (small-scale mining permit regime). It had been awaiting a plenary vote since April 2024.
Among the main proposed amendments is the transfer to the Brazilian National Mining Agency (ANM) of the authority to issue exploration authorizations, mining concessions, and mining permits, with the Ministry of Mines and Energy (MME) retaining jurisdiction only over strategic minerals. The bill also provides that holders of a Small-Scale Mining Permit (Permissão de Lavra Garimpeira – PLG) who identify a mineral substance not eligible for exploitation under the small-scale mining regime during mining operations may apply for an amendment to their mining title through a simplified procedure.
The bill further authorizes the waiver of environmental licensing for mineral exploration activities that do not result in significant environmental impacts, in the cases to be defined by Executive Branch regulations. In addition, it requires holders of mining concessions to provide the ANM, upon issuance of the mining concession, with financial guarantees sufficient to ensure implementation of the mine closure plan, particularly with respect to environmental rehabilitation measures, in accordance with future regulations.
The State of Goiás has issued a decree regulating the State Policy on Critical Minerals, established by Law No. 23,597/2025. The regulation governs the activities of the Goiás State Authority for Critical Minerals (Amic/GO), which will be responsible for qualifying projects, monitoring compliance with commitments undertaken by beneficiaries, and proposing the creation of Special Critical Minerals Zones (ZEMCs). Project qualification will become a prerequisite for access to state incentives, financing, and priority treatment in administrative proceedings, subject to voluntary participation and execution of a Strategic Commitment Agreement (TCE) with a minimum term of ten years.
The decree also establishes obligations for qualified projects, including the submission of a Progressive Value-Addition Plan (PVP), setting targets for mineral beneficiation, industrial processing, and value addition. In addition, it provides for the deferral of the ICMS tax for projects that choose to industrialize their production in Goiás, introduces traceability and domestic supply requirements, and provides for the creation of the ZEMCs, which will depend on geological, infrastructure, and socio-environmental studies, without exempting projects from compliance with applicable environmental and mining requirements.
The Ministry of Development, Industry, Trade and Services (MDIC) has entered into a partnership with the São Paulo Institute for Technological Research (IPT) to promote urban mining and the recovery of critical and strategic minerals from electronic waste. The initiative is part of the Urban Mining and Advanced Recycling Network (Reminera), established to foster cooperation among government, industry, universities, and research institutions in developing solutions aimed at advancing the circular economy and strengthening Brazil’s critical minerals supply chain.
As a pilot project, the IPT will provide training to waste-picker cooperatives in the city of São Paulo and support the acquisition of electronic waste shredding and refining systems, with the objective of increasing the recovery of strategic minerals and adding value to recycled materials. According to the MDIC, the initiative seeks to transform electronic waste into a source of secondary raw materials, fostering industrial development, generating income, and strengthening Brazil’s competitiveness in the low-carbon economy.
On June 1, 2026, the Federal Supreme Court (STF) ordered the Federal Government to submit, within 30 days, a plan to remove illegal mining activities from the Cinta Larga Indigenous Territory, located in the States of Rondônia and Mato Grosso. The decision, issued by Justice Flávio Dino in the context of a writ of injunction (Mandado de Injunção), also established that, once approved by the Court, the plan must be implemented within 60 days and provide for coordinated action by the authorities responsible for the protection of Indigenous peoples, environmental enforcement, public security, and combating organized crime.
The decision follows the Federal Government’s failure to comply with a prior order issued by the STF requiring the removal of illegal mining activities from the area and recognizing the legislative omission concerning the regulation of mining on Indigenous lands. The Court reaffirmed that the absence of implementing legislation does not relieve the State of its duty to protect Indigenous territories against illegal mineral exploitation, emphasizing that the right to prior consultation and the constitutional protection afforded to these territories require the adoption of effective measures to prevent the continuation of illegal mining activities.
On June 19, 2026, the Ministry of Finance opened the registration period for the 5th Eco Invest Brasil Auction, an initiative aimed at mobilizing private investment through risk mitigation instruments and financial leverage mechanisms. The program provides for the creation of six thematic investment funds, a corporate credit facility, and non-reimbursable funding for applied research and technological development, with the expectation of mobilizing approximately BRL 50 billion in investments.
Among the priority areas covered by the program are critical minerals beneficiation, batteries and electric mobility, as well as the circular use of mineral and industrial waste for the production of industrial inputs. Funding will be allocated through financial institutions selected by auction, which will be responsible for structuring investment funds dedicated to financing innovative projects.
Proposals may be submitted until August 20, 2026, reinforcing the government’s strategy to foster industrialization, innovation, and the development of Brazil’s critical minerals value chain.
On June 19, 2026, the Ministry of Mines and Energy (MME) presented a technical study that will underpin the development of Brazil’s National Rare Earth Strategy (ENTR). Prepared in partnership with the Inter-American Development Bank (IDB), the Brazilian Center for International Relations (Cebri), and Vallya, the study brings together assessments and recommendations to guide public policies aimed at the sustainable and strategic development of Brazil’s rare earth sector, whose products are regarded as essential inputs for the energy transition, high-technology industries, and economic security.
The study proposes short-, medium-, and long-term measures focused on strengthening the mining sector, expanding geological knowledge, reducing risks, promoting value addition throughout the production chain, and increasing Brazil’s processing and refining capabilities. It also highlights the need to improve institutional coordination, strengthen legal certainty, and harmonize regulatory procedures as key measures to attract investment and position Brazil as a strategic supplier of critical minerals and rare earths.
On July 2, 2026, the Brazilian National Mining Agency (ANM) issued Resolution No. 241/2026, establishing new procedures for accessing the Mineral Resources Management Platform (PGRM), issuing payment guides, and collecting the Financial Compensation for Mineral Exploitation (CFEM).
The regulation provides that access to the system must be authenticated through the Gov.br Portal (Silver or Gold account levels), restricts the issuance of payment guides to users previously linked to the taxpayer’s CPF or CNPJ, and requires that CFEM be paid separately for each mining proceeding, mineral substance, and producing municipality.
The Resolution also establishes the applicable payment methods, payment deadlines, and charges for late payments, while making it mandatory to report information on the mining infrastructure and logistics used for the transportation of mineral production, including railways, ports, pipelines, and mining facilities located outside the producing municipality.
Effective July 7, 2026, the issuance of CFEM payment guides must be carried out exclusively through the PGRM, and DNPM Ordinance No. 311/2005 is revoked.
This content is part of the Mining Newsletter for the month of June 2026, bringing together the main sector highlights of the period. We emphasize that this material is for informational purposes only. Our team is available to provide additional information on these and other topics.
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