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ARTICLE · 27 JULY 2018

The New Regulation Of The Brazilian Mining Code

In the context of the mining sector reform, on June 12, 2018 President Michel Temer enacted Decree No. 9,406, which on December 9, 2018 will revoke and replace Decree No. 62,934...

BrazilEnergy and Natural Resources

In the context of the mining sector reform, on June 12, 2018 President Michel Temer enacted Decree No. 9,406, which on December 9, 2018 will revoke and replace Decree No. 62,934, of July 2, 1968, as the regulation of the Brazilian Mining Code (Decree-Law No. 227, of February 28, 1967)1

The new regulation intends to modernize the Brazilian mining legal framework, but it also brings aspects of questionable legality. In addition, one of the most important changes – the replacement of the National Department of Mineral Production (Departamento Nacional de Produção Mineral – DNPM) with the Mining National Agency (Agência Nacional de Mineração – ANM) – requires measures that, if not implemented, may affect the efficacy of the new agency.

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