The environment in Brazilian Mineral Legislation from 1988 to 2017

Abstract

The methodological model used in this work was to carry out bibliographical research on the Brazilian mineral legislation in the Federal sphere, listing Laws, Decrees, regulations, ordinances and in force from 1988, until 2017, with the aim of demonstrating how Brazilian mineral legislation evolved in order to protect the environment during this period. Since the enactment of the Brazilian Federal Constitution (CF) of 1988, the preservation of the environment assumes a role of high importance in Brazilian legislation, the main example being Article 225, where this concept is explicit. It can be highlighted, the excerpts that blame the mineral resource explorer for understanding the environmental damage generated as a result of their activities, remain individuals and legal entities subject to both administrative and penal compliance. Ordinance No. 231, of the National Department of Mineral Production – DNPM, published in 1998, regulated the Mineral Water Code, and describes, in detail, the criteria for establishing the protocol for the protection of mineral, thermal, or mineral water sources. table, and must be mapped and identified as possible sources of water contamination, to establish a degree of vulnerability for that deposit. In 2001, the DNPM published Ordinance No. 237, which establishes the Regulatory Norms for Mining. These norms deal, among other things, with the environmental recovery procedures that must be practiced in cases of Suspension, Closure, and Resumption of mining works. The Mine Closure Plan (PFM) is also regulated. The PFM requires that, in the area of influence of the mine, monitoring of pollution be carried out, and also that the impacts caused by the mine in its surroundings be surveyed. This ordinance also regulates the closure of mining activities, requiring topographical and landscaping rehabilitation of the area, with slope stabilization and reduction of visual impacts, in addition to reforestation, and survey of the potential for future use of the site. These requirements extend to areas used for research and geological surveys, and also to those that have suffered some type of impact from mining activities. In 2017, the then DNPM was extinguished, being elevated to the category of National Mining Agency (ANM). As it rose in the administrative hierarchy of the country, the body also gained more autonomy and supervisory power. With this survey it is possible to see that during this period there were several important advances in mineral legislation aimed at environmental protection in Brazil.