Constitutional Insights · From the magazine
Constitutional Insights #4
The Mining Debate and Bill 2780/2024: Between Development and Preservation
Dealing with mining in Brazil is complex and polarized. While on one hand it drives the economy, on the other, it touches the wounds of the territory. This issue boils down to a tug-of-war between powerful and difficult-to-reconcile realities.
Brazil cannot simply give up on the sector, as it is one of the pillars of the GDP and trade balance. States like Minas Gerais and Pará, along with dozens of municipalities, depend on royalties and generated jobs to maintain essential services.
However, the debate is never just technical. The country carries scars from tragedies like Mariana and Brumadinho, which exposed inspection failures. The fear of new disasters shifts the discussion to ideological and political fields, leading the Public Prosecutor’s Office and NGOs to the courts.
This judicialization paralyzes projects due to legal uncertainty, without improving environmental protection. The debate ends up divided into extreme narratives: on one side, regulation is seen as a setback; on the other, all mining is treated as criminal.
This atmosphere of mistrust blocks regulatory improvements, illustrating what poet Rabindranath Tagore wrote: “If you cry because the sun has gone out of your life, your tears will prevent you from seeing the stars.”
Bill 2780/2024, which creates the National Critical and Strategic Minerals Policy (PNMCE), seeks to overcome this impasse. The Bill provides incentives to expand the exploration of essential minerals for the energy transition, such as lithium, rare earths, and nickel. Critics warn that fast-tracking licenses could weaken inspection and threaten indigenous lands. On the other hand, the project aims to industrialize the country, generate high-tech jobs, and prevent the mere export of raw materials.
Furthermore, most new requests occur in areas already modified by human activity. In the Jequitinhonha Valley, lithium requests apply to private rural properties, without interfering with indigenous or maroon (quilombola) lands. In the Iron Quadrangle and the states of Goiás and Bahia, the targets are old mining pits or areas of heavy agricultural activity.
The real benefit will only come if bureaucratic agility is accompanied by rigorous technical inspection, preventing immediate gain from becoming a future loss. Brazil has the chance to lead the green economy. To achieve this, it must replace legal confrontation with transparent cooperation, proving it is possible to generate wealth with sustainability
This article was produced by Westhon Media for One Energy News.