The System of Electronic Mineral Exploration Application (REPEM) is not restricted to mere protocoling; it establishes the electronic procedural steps for obtaining the Exploration Authorization before the National Mining Agency (ANM). REPEM acts as a pre-qualification system, evaluating the Aptitude of the plea before its formal entry into the mining cycle. For the regulated agent, understanding ANM Resolution No. 119/2022 is an indispensable condition for procedural celerity and for mitigating the risk of automatic denial.
Technical Aptitude: The Responsibility of the Qualified Professional and the Procedural Instruction
The proof of the project’s Aptitude is attested to by the legally qualified professional, being an unappealable element of the filing of supporting documents. The applicant has the burden of protocoling an Exploration Plan that demonstrates technical viability and consistency with the mineral substance targeted and the requested area.
The professional responsible for the elaboration of the Exploration Plan and the Descriptive Memorial must provide their identification and professional registration data, in addition to the number of the Technical Responsibility Annotation (ART). REPEM requires that the ART be unique per application. The ANM may summon the applicant to justify the Plan, the budget, and the availability of resources, supervising the seriousness of the mineral exploration.
Geographic Rules: Mandatory Precision in SIRGAS 2000
Geographic precision is a requirement for legal validity and must be strictly followed in REPEM. The system operates to ensure legal certainty and prevent the superposition of areas:
- Legal Datum: The polygonal must be compulsorily delimited by geodetic coordinates in the Geocentric Reference System for the Americas (SIRGAS 2000).
- Descriptive Memorial: The filling out of the Descriptive Memorial is done directly in the electronic format, becoming the exclusive evidence for the area’s location. By virtue of digitization, the submission of the location plan, referred to in item VI of art. 16 of the Mining Code, is dispensed with.
- Legal Limit: REPEM itself imposes the legal limit. The system does not allow the application to proceed if the maximum area permitted for the mineral substance is exceeded. The system automatically verifies the superficial extent of the requested area and the municipal coordinates based on the memorial’s data.
The Automated Flow and the Factors for Manual Analysis
After protocoling and bank compensation of the emoluments, REPEM automatically processes the application, following an automatic analysis flow that aims to confer maximum celerity to the granting.
However, the system’s speed depends on the absence of conflict factors. The presence of specific conditions, provided for in the legislation, removes the application from the automated flow and directs it to a manual technical and legal analysis:
| Factor for Manual Analysis | What It Is |
| Interference | The application interferes with priority areas already granted or reserved. |
| Strategic Location | The area is situated in the Border Strip. |
| Legal Veto | Non-compliance with a legal impediment provided for, such as in Art. 18 of the Mining Code. |
| Additional Protocol | Subsequent annexation of documents, outside the direct REPEM flow. |
The applicant who seeks maximum efficiency must anticipate these exceptions, as the directing to manual analysis significantly extends the procedural steps.
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