Newsletter | Mining – May 2026

This material covers March and April.

Featured News

Federal Court Tightens restrictions on mining activities in Serra do Curral and imposes measures against the ANM

On March 5, 2025, Federal Substitute Judge William Ken Aoki issued a decision in the context of a Public Civil Action addressing the conduct of the ANM and the Federal Government concerning mining titles affecting protected (heritage-listed) areas of Serra do Curral. The court partially granted interim relief, ordering the ANM to deny new applications for mining rights and mining concessions within the protected area, without prejudice to subsequent review.

In addition, the court expanded the interim measures, notably: (i) imposing a BRL 4 million fine on the ANM for non-compliance with prior court orders; (ii) requiring the ANM to provide complete information to the Municipality of Belo Horizonte; (iii) ordering the blocking of such areas in the ANM’s systems; (iv) suspending mining titles affecting the protected area; and (v) mandating the immediate cessation of mining activities in the region, along with environmental remediation obligations. The decision reinforces the prohibition of mining activities in protected areas and heightens regulatory scrutiny over projects located in Serra do Curral.

TRT-23 rejects employment relationship in illegal mining activity and reinforces the legal effects of illegality

On March 3, 2026, the Regional Labor Court of the 23rd Region rejected the motion for clarification and upheld its understanding that no employment relationship exists where the engagement is linked to unlawful mining activities. Although the claimant alleged an omission in the analysis of the requirements set forth in Articles 2 and 3 of the Brazilian Labor Code (CLT), as well as in the assessment of subsidiary liability, the Court found that such issues had been duly addressed and that the dispute had been resolved based on the illegality of the object of the engagement.

According to the ruling, the exploitation of mining activities without proper authorization and environmental licensing, in violation of Law No. 7,805/1989, constitutes an unlawful activity, rendering the contract null and void (Article 166, II, of the Brazilian Civil Code) and precluding the recognition of an employment relationship. As a result, the analysis of subsidiary liability was deemed moot, given the absence of any labor claims awarded.

Brazilian Federal Court of Accounts assesses implementation of Dam Safety Policy in mining and highlights regulatory progress and gaps

On March 11, 2026, the Brazilian Federal Court of Accounts (TCU), in Ruling No. 531/2026, assessed compliance with recommendations related to the National Dam Safety Policy (PNSB) in the mining sector, concluding that measures concerning the establishment of a baseline and the development of performance, effectiveness, efficiency, and efficacy indicators have been fully implemented. According to the Court, the structuring of these indicators strengthens policy governance, enhances transparency, and enables a more accurate assessment of results and associated risks.

On the other hand, the TCU found that the recommendation concerning the regulation of Article 18-A of Law No. 12,334/2010 remains only partially implemented. This provision addresses measures applicable to dams with communities located in self-rescue zones (ZAS). The lack of a clear definition of public authorities’ responsibilities was identified as a source of legal uncertainty and potential weakness in enforcement and oversight. In this context, the Court ordered that the decision be forwarded to the Presidential Chief of Staff’s Office (Casa Civil) to support the pending regulatory process and closed the monitoring proceeding, emphasizing the importance of regulatory progress to prevent future environmental and human disasters in the sector.

ANM suspends application of fines and reviews sanctioning criteria in the mining sector

On March 20, 2026, the Brazilian National Mining Agency (ANM), through Deliberation No. 436/2026, has ordered the immediate suspension of the application of monetary penalties provided for in its recent regulations. The measure covers the issuance of new notices of violation imposing fines, the processing of ongoing administrative enforcement proceedings, and the adoption of measures aimed at the collection or enforceability of such penalties, including with respect to facts occurring prior to the issuance of the deliberation, while the applicable criteria are under review.

Notwithstanding the suspension of fines, other administrative sanctions remain fully in force, including interdictions, suspension of operations, forfeiture or termination of mining rights, and seizure of assets, as well as the ANM’s inspection and enforcement activities, particularly in matters related to dam safety, environmental protection, and the suppression of illegal mining activities.

Brazilian Geological Service enters into partnership with IDB to map critical minerals in Brazil

The Geological Survey of Brazil (Serviço Geológico do Brasil – “SGB”) has entered into a partnership with the Inter-American Development Bank (IDB) to carry out a project to map critical minerals, with an investment of USD 890,000 over a three-year period. The initiative seeks to expand national geological knowledge, focusing on strategic inputs such as lithium, rare earth elements, and graphite, which are essential for sectors such as renewable energy, electric mobility, and digital technologies.

The project includes geological and geochemical surveys in strategic regions of the states of Minas Gerais and Bahia, as well as institutional and technical strengthening of the SGB. The data generated will be made available through public platforms, enhancing transparency and access to information for market participants and investors. The initiative is part of broader international initiatives to strengthen critical mineral supply chains and position Brazil as a key supplier in the low-carbon economy.

Federal Court holds Municipalities liable for illegal mining and environmental damage

The Federal Court held the municipalities of Monção and Cajari (State of Maranhão) liable for environmental damage arising from unlawful mining activities carried out in a rural settlement area, in a lawsuit brought by the Federal Public Prosecutor’s Office (MPF). The ruling found that mineral resources were extracted without the required authorization from competent authorities, based on technical reports evidencing significant environmental degradation, including vegetation suppression and impairment of the area’s natural regeneration.

According to the judgment, the municipalities directly participated in or benefited from the unlawful activity, including by providing machinery and using the extracted material in public works, thereby justifying their joint and several liability. As a result, the court ordered the preparation of an Environmental Recovery Plan (PRAD), as well as the payment of compensation for environmental damages and restitution for the unlawful exploitation of mineral resources. The decision is consistent with established case law that all parties involved in, or benefiting from, environmentally harmful activities may be held liable.

ANM updates rules on diamond trade and the Kimberley Process

On March 27, 2026, the Brazilian National Mining Agency (ANM) has issued Resolution No. 232/2026, amending the regulatory framework applicable to the control and certification of rough diamonds in Brazil under the Kimberley Process. The regulation updates procedures related to the National Diamond Trade Registry (CNCD), the issuance of Kimberley Process Certificates (KPC), and the mandatory reporting of commercial information, reinforcing traceability of mineral origin and the regularity of operations.

Key aspects include strengthened integration between ANM systems and the Single Foreign Trade Portal (Siscomex), expanding the Agency’s access to data on transactions and the movement of the mineral. The measure enhances ANM’s oversight capacity across the production chain, from origin to commercialization, and raises the requirements for demonstrating the legality of production, aligning Brazil with international practices for control and prevention of irregularities in the diamond sector.

TJMT grants stay of effects in case challenging reallocation of legal reserve for mining

The Court of Justice of the State of Mato Grosso (TJMT) granted a stay to an Extraordinary Appeal filed in a Direct Action of Unconstitutionality challenging the validity of a state law that allows the reallocation of legal reserves to enable mineral exploitation. The law had previously been upheld by the local court on the grounds that it falls within the States’ supplementary legislative authority and establishes compensatory measures aimed at balancing environmental protection and economic development.

In analyzing the request for suspension, the rapporteur found that the requirements of legal plausibility and risk of irreparable harm were met, highlighting the potential encroachment on the Federal Government’s exclusive authority to legislate on mineral resources, as well as the risk of environmental degradation arising from vegetation suppression in legal reserve areas. The decision emphasizes that the lack of clear limits on state action and the potential environmental impacts justify the interim measure pending a final decision.

TCU Identifies Irregularities in ANM Auction and Criticizes Reduction of Bids After Closing of the Proceeding

On April 8, 2026, the Brazilian Federal Court of Accounts (TCU), in Ruling No. 870/2026, found merit in a representation challenging the conduct of the ANM’s 8th Round of Available Areas Auction. The case involved decisions by the ANM’s Board of Directors allowing substantial reductions — of approximately 90% — to winning bids submitted by 3D Minerals Ltda. and Zeus Mineração Ltda. after the opening of bids and the conclusion of the electronic auction. According to the TCU, such decisions violated both the auction rules and principles applicable to public administration, including legality, equality, competitiveness, and adherence to the bidding rules.

Although the precautionary measure previously granted became moot after the ANM itself removed the relevant areas from the auction, the TCU proceeded with the merits review and formally notified the agency of the irregularities identified. The Court emphasized that permitting post-award bid revisions would create a dangerous precedent for future auction rounds and for public administration in general, by allowing material changes after the confidentiality of bids had been lifted. The decision also recognized that the exclusion of the areas from the auction was supported by the ANM’s administrative self-review authority, while additionally highlighting operational and technological deficiencies observed during the proceeding.

ANM Regulates the Role of States and Municipalities in Auxiliary Mining Inspection Activities

On April 15, 2026, the Brazilian National Mining Agency (ANM) published Ordinance No. 2,007/2026, establishing guidelines and procedures applicable to federative entities that are signatories to Technical Cooperation Agreements entered into with the Agency to support mining inspection activities. The regulation governs the complementary role of States, the Federal District, and Municipalities in actions related to the inspection of mineral exploration, mining operations, mine closure, and unauthorized mineral extraction, pursuant to ANM Resolution No. 71/2021.

The Ordinance establishes minimum requirements for participation by cooperating entities, including the formation of technical teams composed of geologists, mining engineers, or mining technicians, as well as prior training provided by the ANM.

The regulation also details operational procedures, such as the preparation of technical reports, georeferenced photographic records, mandatory use of the SEI electronic system, and compliance with the ANM’s Annual Inspection Plan guidelines. At the same time, the rule reinforces that core police powers remain exclusively vested in the Agency, prohibiting cooperating entities, among other actions, from issuing notices of violation, imposing sanctions or precautionary measures, and conducting inspection proceedings. In addition, the Ordinance establishes conflict-of-interest safeguards in cases involving entities holding equity interests in mining companies.

Chamber of Deputies Approves New Gold Traceability Framework and Refers Bill to the Senate

On April 22, 2026, the Brazilian Chamber of Deputies approved Bill No. 3,025/2023, originally proposed by the Executive Branch, in the form of a substitute bill submitted by Congressman Marx Beltrão (PP-AL).

The bill establishes a new legal framework governing the control of origin, trade, transportation, and mandatory traceability of gold within Brazil, including the creation of an integrated traceability system with mandatory registration of all transactions throughout the production chain.

Key measures include the mandatory issuance of the Gold Transportation and Custody Guide, physical and digital marking of the metal, centralized operation of the traceability system by the Brazilian Mint, and the creation of the Gold Transaction Registration and Physical Marking Fee (TOURO).

The substitute bill also strengthens due diligence and risk management obligations applicable to financial institutions authorized to acquire gold originating from small-scale mining operations, in addition to establishing data-sharing mechanisms among the ANM, Federal Revenue Service, Central Bank, COAF, and public security authorities.

The bill eliminates the possibility of the initial sale of gold produced under small-scale mining permits outside the authorized financial system, expands the circumstances under which irregularly sourced gold may be seized and forfeited, and establishes restrictions on corporate participation by individuals involved in environmental crimes, money laundering, and illegal mining activities. On April 30, 2026, the bill was forwarded to the Federal Senate for consideration.

Public Consultations and Hearings

ANM launches request for contributions for the development of a new Open Data Plan

On March 20, 2026, the Brazilian National Mining Agency (ANM) launched Request for Contributions No. 1/2026, aimed at gathering input for the development of its new Open Data Plan (PDA). The initiative seeks to assess the relevance of data sets not yet made publicly available, allowing stakeholders to indicate priorities for their future disclosure.

The initiative also aims to enhance transparency in the regulatory process and to broaden public participation in the definition of the agency’s data policies. The contributions received will serve as input for the selection of datasets to be included in the 2026-2028 PDA, in alignment with the Federal Government’s Open Data Policy. The period for submission of contributions ran from March 23 to April 13, 2026, through an electronic platform made available by the ANM.

ANM launches Public Consultation on Consolidation of Rules for the Mining Use Permit (GU)

On March 27, 2026, the Brazilian National Mining Agency (ANM) launched Public Hearing No. 1/2026 to gather contributions on the proposed consolidation of regulations governing the Mining Use Permit (Guia de Utilização – GU), as part of its 2025/2026 Regulatory Agenda. The initiative seeks to systematize and improve the rules applicable to the GU, a key instrument allowing mineral extraction during the exploration phase, thereby enhancing clarity and consistency in the regulatory framework.

The public hearing also aims to enhance transparency and public participation, allowing market participants and other stakeholders to submit comments and suggestions on the proposed regulation. Contributions could be submitted between April 6 and April 15, 2026, through the Brasil Participativo platform, and the virtual public hearing session was held on April 13, 2026.

Extraordinary Update

Bill No. 2,780/2024: National Policy on Critical and Strategic Minerals Approved by the Chamber of Deputies

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.

This content is part of the Mining Bulletin for the month of May 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.