In Brazil, the subsoil belongs to the Federal Union. In practice, this means that to explore and extract any mineral resource legally, it is mandatory to obtain a grant managed by the National Mining Agency (ANM).
However, the regulatory path to secure your mineral right is not the same for everyone. Brazilian legislation divides access to minerals into different modes of exploitation of mineral substances, which vary according to the type of substance, the destination of the material, and who will perform the extraction.
Choosing the incorrect regime at the beginning of the process can result in the automatic denial of the request, loss of the right of priority over the area, or severe fines for unlawful exploitation.
To help you navigate the bureaucracy of the sector while maintaining total legal certainty, we have prepared this centralized guide. Check out the main regulatory regimes below and access our complete articles on each procedure:
1. Authorization and Mining Concession System
It is the general rule and the standard regime for most useful mineral substances of high economic value in the country, such as iron ore, gold, copper, and bauxite. It is clearly divided between the exploration phase (exploration license) and the commercial extraction phase (Mining Concession).
🔗[Link: Mining Concession in the Mining Code: A Detailed Analysis]
2. Licensing-Registration System
A considerably more agile procedure, but restricted to mineral substances for immediate use in civil construction (such as sand, clay, gravel, and crushed stone). Its main characteristic is the requirement of a double consent: the municipality’s license before registration at the ANM.
🔗[Link: Mineral Licensing Regime: A Concise Analysis]
3. Small-Scale Mining Permit (SSMP)
Regime designated specifically for the development of mineral deposits of surface occurrence and easy extraction. It is a right aimed primarily at individual artisanal miners or those organized in cooperatives, allowing the immediate start of works without the need for a long preliminary exploration phase.
🔗[Link: Small-Scale Mining Permit (SSMP): An Overview of the Legislation]
4. Monopoly System
Applied strictly to substances of very high strategic value for national security or the country’s energy matrix, such as oil, natural gas, and nuclear minerals (uranium). These riches are directly controlled by the government through specific rules and state-owned companies.
5. Extraction Registration
This is an exclusive regime for direct public administration agencies, autarchies, and public foundations (municipal, state, or federal). It allows the extraction of construction aggregates for direct and exclusive application in public works, and the commercialization of the ore is strictly prohibited.
🔗[Link: Resolution No. 225/2025: What Changes in the Extraction Registration for Public Works]
Need Support in the Management of Your Mineral Rights?
Defining the best regulatory strategy for your project requires a three-dimensional analysis that unites mining engineering, geology, and mining law.
If you are planning to request a new area or need to regularize your current mineral titles facing the new requirements of the ANM, our team is ready to shield your business against compliance risks.
Are you in doubt about the best legal framework for your mineral asset? Contact us and schedule specialized consulting.
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