Ebook | Mining Industry: Challenges and Solutions

Ebook | Mining Industry: Challenges and Solutions

Mining is an activity of undeniable relevance in Brazil and, as an industry of all industries, it enables and drives the country’s economic and social development. The mineral sector is responsible for a significant share in the Brazilian trade balance and tax collection, driving local and regional economies in the generation of jobs, income, and the provision of services.

Numerous challenges are continually emerging for Brazilian mining. As a high and specific-risk activity, mining involves the amount of large investments with a long maturity period, requiring legal security to transform mineral resources into wealth.

To develop and implement solutions, mining requires legal business partners who, in addition to being legal operators, understand the functioning of the mining activity, its global character, and its intra-sectoral peculiarities (the aggregate industry faces challenges different from those of the metallic sector, while the fertilizer industry presents claims that do not necessarily coincide with the mineral water segment, for example).

In more than 50 years of tradition in the legal market, the history of Azevedo Sette Advogados is inseparable from mining. In all areas of Law, the firm is proud to be an important partner of the mining sector, presenting effective legal solutions to the numerous challenges that the sector routinely faces.

In this work, we have brought together contributions from several experts of our team who, always attentive to the needs of our clients, combine experience and innovation, integration and agility, to offer the best in legal advice to the mining industry.

In this first volume, we invite you, dear reader, to dive into the land and real estate challenges for the implementation and operation of mining projects, notably in the face of restrictions on the acquisition of rural properties by foreign companies, declaration of public utility, mining easement, compatibility with areas of settlement and the search for new land management.

The environmental agenda present in this collection introduces the discussion agenda brought by the energy transition, as well as dealing with fundamental measures for the timely management of constraints within the scope of mining projects. Aspects related to the responsibility of the purchaser of degraded rural property in light of the judgment of the matter by the STJ are also highlighted by our specialized team.

Within the scope of the extensive list of mining issues, our team presents reflections on responsible mineral sourcing; nuclear minerals and their new possibilities, legal (un)certainties related to mineral waters, and precautionary measures in the context of assignment agreements and payment of royalties, as well as in agreements relating to the decharacterization of dams. Important considerations are also presented in relation to the Union’s claim for damages for illegal mining: would it be subject to any statute of limitations as the “expression of the day”? And in the context of the race for critical minerals, would the ESG agenda be threatened?

The tax agenda reveals current and relevant issues for the sector. Going through territorial conflicts regarding the collection of ISSQN, the PECEX method of transfer pricing and the use and transfer of ICMS credits, the focus is also directed to the STF’s understanding of controversial mining taxes and the collection of ITR on mining areas.

Labor aspects of miners’ working hours are also detailed by our specialized team, while our arbitration team deals with the use of this method to resolve disputes in the mining industry.

Mining is already entering a new era of reinvention and transformation, recalibrating its vision towards global management. In parallel, new challenges arise, contributing to the maturation of certain discussions and to the emergence of new agendas.

This book seeks to instigate reflection and contribute to debates on important topics that permeate the routine of the mining industry. You are our special guest in this journey. Click here and enjoy the read!

Leonardo Lamego, Svetlana Miranda, and Gabriela Salazar
Editors and partners and senior associate at Azevedo Sette Advogados