Análise comparativa do código de mineração do Brasil com outros códigos de mineração internacionais

Abstract

The new Brazilian Mining Code, Law 13.540/2017, replaces the 1967 Mining Code and presents alterations in the collection form of the Financial Compensation for Exploration Mineral Resources (CFEM), also called mining royalty. The calculating and incidence base of CFEM were modified, with the establishment of new billing indexes, according to the mineral in question. The actual Mining Code created the National Mining Agency (ANM) to replace the National Department of Mineral Production (DNPM). That new federal agency has the mission to regulate and inspect all the aspects that involve the mineral sector, since economic questions until socioenvironmental questions. The environmental questions in the new legislation are analysed, aiming the Brazil economic growth, in attention to the international market, without losing the perspective of sustainable environmental growth. The Brazilian Mining Code in comparing to the mining sector legislation of developed countries such as Canada, The United States and Australia, demonstrates that in those developed countries, the social and environmental responsibilities are shared among the federal government, provinces and territories. In Brazil, the mineral sector is controlled by federal government, while the environmental control and inspection can be shared by federal government, states and counties