In 2022, the National Mining Agency (ANM) published Resolution No. 122/2022, a regulation that consolidated a new phase in the administrative sanctioning process for the mineral sector. The resolution, which came into effect in December of the same year, established procedures for investigating infractions and defined the applicable fine amounts for non-compliance with legal obligations. The normative act was a response to previous legal changes, such as Law No. 14,066/2020 and Federal Decree No. 10,965/2022.
List of Sanctions
Article 6 of the regulation details the penalties that can be applied to an offender, including both non-pecuniary and pecuniary sanctions. The objective of the sanctioning system is to provide a set of tools that allows the penalty to be proportional to the nature of the committed infraction.
In simple terms, the difference between pecuniary and non-pecuniary sanctions lies in the type of penalty imposed:
– Pecuniary Sanctions: These involve the payment of money, such as fines.
– Non-Pecuniary Sanctions: These are penalties that do not involve a monetary payment but rather the restriction or loss of a right, the prohibition of an activity, or the imposition of an obligation.
Non-Pecuniary Sanctions in ANM Resolution No. 122/2022
| Sanction | Case of Application (Examples) |
| Warning | Non-compliance with deadlines for the start or restart of exploration or mining activity. |
| Forfeiture of a mining title document | Recidivism in mining activity a deposit in disagreement with the approved plan. |
| Nullity Ex Officio | Non-payment of the Annual fee per hectare (TAH) within 30 days after a fine is imposed. |
| Cancellation | Insufficient production from a deposit or three-time recidivism for the same obligation under the Licensing Regime. |
| Suspension of Activities | Non-compliance with standards that compromise the safety of operations. |
| Attachment of Minerals and Goods | Continuation of operations that do not comply with the National Dam Safety Policy (PNSB). |
| Restraining Order on Work | Carrying out work or possessing structures without proper authorization or concession. |
| Demolition of Work | When the work presents an imminent risk of damage or endangers safety. |
| Interdiction | Using a mineral water source in a way that compromises it. |
The methodology for quantifying fines is one of the resolution’s most relevant points. The values of pecuniary sanctions can range from R$ 2,000.00 to R$ 1,000,000,000.00, a limit that reflects the potential seriousness of some infractions. The basis for calculating fines is differentiated by the phase of the mining administrative proceeding. The final fine amount is the result of an equation that considers the nature of the infraction and various factors.
- For infractions related to exploration, the basis is the Estimated Budget Value (VOP);
- For infractions in the mining development or dam phase, the basis is the Mineral Production Value (VPM);
- If it is not possible to determine the basis for calculation, the ANM can arbitrate the value.
Below is a table that illustrates the phases of the process, the basis for calculation, and how the assessment is made:
| Phase of the Administrative Proceeding | Basis for Calculation | How it is Assessed |
| Exploration | Estimated Budget Value (VOP) | Sum of the exploration budgets indicated in the active permits. |
| Mining or Dams | Mineral Production Value (VPM) | Sum of revenues from sales, transfers, and consumption declared in the Annual Mining Report (RAL). |
| Absence of Data | The ANM can arbitrate the value | The offender has the right to contest the arbitrated value by presenting documents. |
The Resolution establishes a scale of five levels of gravity, in addition to considering the offender’s record and recidivism. Specific recidivism, which is the commission of a new infraction of the same type within five years, leads to the application of a double fine, which represents a significant financial impact.
Similarly, environmental damages resulting from the infraction are used as aggravating factors. On the other hand, the resolution also provides for mitigating factors: the acknowledgment of the infraction with the waiver of the right to appeal results in a 60% reduction in the fine amount, while the voluntary adoption of measures to mitigate the consequences of the infraction before the first-instance decision is rendered guarantees a 25% reduction.
This complex calculation methodology makes the final fine amount unpredictable, and each case must be analyzed individually, which requires a deep technical and legal knowledge for the defense of the offender.
Resolution No. 122/2022, while not free from questions from the sector about the subjectivity of its criteria and the proportionality of sanctions, remains in effect. The regulation requires that the management of assets and legal compliance be prioritized to minimize the risk of fines that can reach exorbitant values.
To illustrate, here are two example calculation scenarios:
Scenario 1: Late Payment of the TAH
- Infraction: Delaying the payment of the Annual fee per hectare (TAH).
- Basis for Calculation (VOP): R$ 3,000,000.00
- Severity: Level 1
- Severity Factor: 0.0852930
- Final Fine Amount: R$ 189,990.16
Scenario 2: Mining in Disagreement with the Plan
- Infraction: Mining development in disagreement with the economic development plan.
- Basis for Calculation (VPM): R$ 15,000,000,000.00
- Severity: Level 4
- Severity Factor: 0.2000
- Final Fine Amount: R$ 151,875,000.00
Canva/Edition by ÍGNEABR
Based on information from: William Freire
Update
ANM Resolution No. 223/2025 is the most updated regulation and replaces Resolution No. 122/2022 on the subject.
- The previous document, Resolution No. 122/2022, was the regulation in effect since 2022, but it is being updated by the rules of Resolution No. 223/2025.
