Mining Law: In Search of Sustainable Mining

• Main Authors: Nathalie Barbosa Reis Monteiro, Ana Keuly Luz Bezerra, José Machado Moita Neto, Elaine Aparecida da Silva
• Format: Article
• Language: English
• Published: MDPI AG 2021-01-01
• Series: Sustainability
• Subjects: mineral sustainability; environmental legislation; mining law; environmental impacts; social impacts; social justice
• Online Access: https://www.mdpi.com/2071-1050/13/2/867

Mining is an activity that generates inputs to different production chains, making it essential for any country’s development. However, it causes environmental, economic, and social impacts that must be considered. The Mining Law provides guidelines, through laws and regulations, so the activity can be carried out in an environmentally, economically, and socially sustainable way. In this paper, an analysis was conducted of the application of some peculiar characteristics of Brazilian Mining Law (locational rigidity, priority granting, among others) according to the parameters established in the Federal Constitution, in the Mining Code and its updates, and in the National Department of Mineral Production, Environment Ministry, and Mines and Energy Ministry normative acts. Moreover, the Superior Court of Justice Jurisprudence was analyzed to understand how the Mining Law is applied, in practice. It was verified that the Brazilian legislation is not perfect, but it has mechanisms to protect and benefit the miner, the society, and the environment. However, there are many shortcomings like the lack of speed in judging processes and the flaws in the applicability of some principles that compromise sustainability in the activity’s development, especially regarding the environmental and social liabilities left after mine closure.