On March 20, the National Mining Agency (ANM) published Deliberation No. 436/2026, a measure with a direct impact on liability management. The rule determines the immediate suspension of the application of pecuniary penalties (fines) based on Resolutions No. 122/2022 and No. 223/2025.
The decision emerges as a self-regulatory movement by the Agency, which seeks to review the calculation methodologies and the dosimetry of financial sanctions.
What changes in practice?
According to Article 1 of the Deliberation, the suspension is comprehensive and impacts three main fronts of the sanctioning processes:
- New Infraction Notices: The issuance of new infraction notices aimed at imposing fines based on the aforementioned resolutions is suspended.
- Ongoing Processes: Administrative sanctioning processes already initiated have their processing interrupted regarding the financial penalty.
- Collection Acts: The Agency suspended the practice of acts aimed at the constitution or enforceability of fines, which relieves the cash flow of companies from immediate collections while the review lasts.
A point of technical distinction is the retroactivity of the measure (Paragraph 2 of Article 1). The suspension also reaches situations whose triggering events occurred before the publication of the deliberation, ensuring that the review criterion is applied equally to all pending administrative liabilities.
Limits of the Measure: What remains in force?
It is essential for the miner and managers to understand that Deliberation No. 436 does not interrupt ANM’s inspection activity. Article 2 reinforces that all sanctions of a non-pecuniary nature remain fully applicable. This includes:
- Interdictions and stoppages of activities;
- Forfeiture processes of mining titles;
- Seizure of minerals, goods, and equipment.
The Agency emphasizes that the inspection will continue to prioritize safety measures, especially regarding dam safety, environmental protection, and the fight against unauthorized mineral extraction.
The Working Group and the Review Parameters
The suspension is temporary in nature and is linked to the work of a Working Group (WG), established by ANM Ordinance No. 1,986/2026. The WG has a completion deadline set for May 11, 2026.
The focus of the review is strictly methodological and mathematical. There will be no comprehensive review of the resolutions, but rather an adjustment in the following points:
- Calculation bases and quantification methodologies;
- Reference ranges and dosimetry criteria;
- Definition of mitigating and aggravating circumstances.
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