Mining Law

The Firm advises companies and industry organizations in the mining sector on decisions affecting their investments, assets, and operations. Our experience in Public Law underpins an integrated practice encompassing Mining, Regulatory, Environmental, and Criminal Law, with attention to the real estate and infrastructure matters associated with mining activities.

Our practice encompasses:

Mining rights and regulation: advice on mining titles, regulatory obligations, and the exploitation of mineral resources, tailings, and waste rock. Representation before Brazil’s National Mining Agency (ANM) in inspections, administrative enforcement proceedings, and administrative appeals.

Environmental liability and dams: advice on environmental licensing, permit conditions, emergency interventions, and environmental liabilities. Legal support on safety matters, dam decommissioning, and mine closure.

CFEM and sector-specific charges: analysis of the applicability and calculation of the Financial Compensation for the Exploitation of Mineral Resources (CFEM), defense in audits and collection proceedings, and negotiation of outstanding liabilities with the ANM and government legal authorities.

Strategic litigation and operational continuity: representation in public civil actions, writs of mandamus, actions to set aside administrative acts, and damages disputes. Applications for urgent relief in response to operational restrictions, coordination of related proceedings, and advocacy before higher courts and in cases shaping legal precedent.

Agreements with public authorities: negotiation, structuring, and monitoring of administrative undertakings, conduct adjustment agreements, and judicial settlements, including the governance, implementation, and reporting of remediation and compensation programs.

Communities and territorial matters: advice on relations with Indigenous peoples, quilombola communities, and other traditional communities. Development of agreements and resolution of disputes, with respect for collective rights and the distinctive characteristics of each territory.

Criminal defense and parliamentary inquiries: assistance in investigations and proceedings relating to mining activities, defense of companies and their directors and officers, and representation in parliamentary inquiries, coordinated with the administrative and environmental aspects of each matter.

Infrastructure and property: advice on rail, port, and other infrastructure matters associated with mining, including contracts, investments, and regulatory disputes. Representation in proceedings to protect possession, expropriations, and land tenure regularization.

Integrity and anti-corruption: support for the implementation and enhancement of integrity and compliance programs, internal investigations, assessment of risks in dealings with public authorities, and negotiation of leniency agreements.