Featured News in Mining Sector

Brazilian Supreme Federal Court (STF) sets deadline for legislation on mining in Indigenous lands and establishes interim rules

In an interim injunction decision issued on 02/03/2026, Justice Flávio Dino of the Brazilian Supreme Federal Court (STF) granted a 24-month period for the National Congress to enact legislation regulating mineral exploration in Indigenous lands, as provided for in the Federal Constitution.

The decision acknowledges legislative omission on the matter and establishes interim rules for the activity until specific legislation is enacted. The injunction was issued in Writ of Injunction (Mandado de Injunção – MI) No. 7516 and will have immediate effect, subject to subsequent ratification by the STF’s Full Bench.

Until a law is enacted, mining in Indigenous lands may take place only following free, prior and informed consultation with the affected communities, as required under International Labour Organization (ILO) Convention No. 169.

The decision also sets limits and conditions for the activity, including restricting the mined area to no more than 1% of the demarcated Indigenous territory and ensuring the direct participation of Indigenous peoples in the economic proceeds of the exploitation.

According to the Justice, the measure is intended to address illegal mineral exploitation currently occurring in several Indigenous territories, often accompanied by violence, environmental harm, and the exploitation of local communities.

The decision seeks to ensure that, if the activity is ultimately authorized, Indigenous peoples effectively share in the economic benefits, with resources earmarked for territorial protection, sustainability, health, education, and environmental remediation projects.

MME releases the 2026 edition of the Investor’s Guide for Foreign Investors in Critical Minerals in Brazil

The Ministry of Mines and Energy (Ministério de Minas e Energia – MME) released a new edition of Brazil’s Investor’s Guide for Critical Minerals, a document aimed at strengthening the attraction of foreign investment in the mining sector.

The publication sets out the country’s competitive advantages, the applicable regulatory framework, and investment opportunities across the strategic minerals value chain, with a focus on minerals essential to the global energy transition.

The guide consolidates updated information on Brazil’s macroeconomic environment, available infrastructure, public support instruments, and key ongoing projects. It aims to provide greater predictability, transparency, and legal certainty to investors interested in operating in the country.

The publication also outlines the mining sector’s legal framework, including procedures for obtaining mineral rights and environmental licensing. The document highlights Brazil’s geological potential, which includes the world’s largest niobium reserves and significant reserves of graphite, rare earths, nickel, manganese, bauxite, and lithium—minerals that are critical for technologies such as batteries, solar panels, wind turbines, and electric motors. The guide is available in Portuguese and English.

Finep publishes call for proposals allocating funding for innovation in the mining sector

On 02/18/2026, Finep published the call for proposals for the Finep More Innovation Program – Round 2, aimed at awarding non-reimbursable economic subsidy funding for research, technological development and innovation (R&D&I) activities in innovative projects involving associated technological risk, to be carried out by companies, mandatorily in partnership with Scientific, Technological and Innovation Institutions (ICTs).

Objective: the initiative seeks to promote densification of mineral processing and transformation value chains, with a focus on critical and strategic minerals, contributing to safe and sustainable decarbonization and energy transition.

Thematic lines: innovative projects aimed at the development of critical minerals, urban mining, rare-earth magnets, sustainable mining technologies, and decarbonization of mineral processing and transformation.

Total available funding: under the Public Selection, non-reimbursable funding will be committed up to the limit of BRL 200,000,000.00. Of the total amount made available, a minimum allocation of BRL 60,000,000.00 will be ensured for projects whose main execution activities take place in Brazil’s North, Northeast, or Central-West regions.

Minimum and maximum limits per Economic Subsidy proposal: the amount requested from Finep/FNDCT in each proposal must, mandatorily, fall within the limits below, depending on the arrangement format: (i) simple arrangement: minimum of BRL 5 million and maximum of BRL 20,000,000.00; and (ii) network arrangement: minimum of BRL 5 million and maximum of BRL 40 million.

Project physical and financial execution term: the project execution term must be up to 36 (thirty-six) months, extendable, with justification, at Finep’s discretion. Project submissions must be made by 6:00 p.m. on 08/31/2026.

Bill on environmental risk in mining awaits vote in the Mines and Energy Committee

On 02/19/2026, Bill No. 1,303/2019 (PL 1303/2019), which amends the Brazilian Mining Code to require that the Mine Economic Exploitation Plan (Plano de Aproveitamento Econômico – PAE) include a project for assessment, management and communication of environmental risk, had its rapporteur appointed in the Chamber of Deputies’ Mines and Energy Committee: Congressman Keniston Braga (MDB-PA).

Expansion of requirements: the approved text corresponds to the substitute bill presented by Rapporteur Congresswoman Duda Salabert (PDT-MG). According to the Congresswoman, the absence of risk analysis undermines environmental safety and the protection of populations living near mining operations.

Changes set out in the substitute bill: PL 1303/2019 would include in the Mining Code: (i) a requirement to provide information on toxic substances used, a breakdown between direct employees and outsourced workers, investments in monitoring and safety, and a detailed disclosure of such expenses in the annual financial statements; (ii) the mandatory submission of projects and preliminary projects also for waste rock and tailings piles, indicating dimensions, characteristics, risks and monitoring measures; (iii) a determination that, where there is a tailings dam, the Mine Economic Exploitation Plan must include an emergency plan already at the initial phase of the project; and (iv) a reduction of the adaptation period from 18 months to 180 days for holders of pre-existing mining concessions to submit an environmental risk assessment project.

Next steps: the substitute bill is pending review by the Chamber of Deputies’ Mines and Energy Committee, where it is reportedly ready to be voted on.

ANM holds auction of seized mineral assets

On 02/20/2026, through a Tender Notice, the Brazilian National Mining Agency (Agência Nacional de Mineração – ANM) announced the auction for the sale of seized mineral assets.

Scope: auction of seized mineral assets, comprising 82 lots of mineral goods such as gold, emeralds, diamonds, tourmalines and other gemstones, deposited with CAIXA (Praça da Sé Branch, São Paulo).

Auction administration: the tender is conducted by ANM with operational support from CAIXA.

Bids: bids were submitted between 03/05/2026 and 03/09/2026 through www.benspreciososcaixa.com.br.

Fees and tax charges: in addition to the winning bid amount, successful bidders must pay a 6% auction fee, the Financial Compensation for Mineral Resource Exploitation (Compensação Financeira pela Exploração Mineral – CFEM)—1.5% for gold and 2% for diamonds and other gemstones—as well as ICMS (state VAT) due to the State of São Paulo.

Mercosur–EU agreement provides exceptions for export duties on strategic minerals

On 02/27/2026, through Legislative Decree Bill No. 41/2026 (PDL 41/2026), the Brazilian Federal Senate approved the text of the Provisional Trade Agreement between the Southern Common Market (Mercosur) and its Member States, on the one hand, and the European Union (EU), on the other, signed in Asunción, Paraguay, on January 17, 2026.

Export duties: while the agreement’s general rule provides for the elimination of export taxes after three years, Brazil negotiated relevant exceptions. Annex 2-B allows the maintenance of export duties on a specific list of products, concentrated in strategic minerals and semi-manufactured products. This enables Brazil to use this tax instrument to encourage local value addition, subject to caps or reduction schedules for certain products. The agreement also includes a safeguard clause for situations of severe fiscal imbalance or sudden currency devaluation, allowing the temporary reintroduction of such taxes.

Rate applicable to rare minerals: if export duties are applied to rare minerals such as lithium and niobium, the rate applicable to exports destined for the European Union must correspond to, at most, half of the rate applied to exports to other countries, subject to a 25% cap.