The new National Mining Agency in framework of Brazil’s mining regulation transition: critical evaluation of the executive order (medida provisória) 791/2017 and the socioenvironmental sustainability

Abstract

The paper aims to critically evaluate the recent Brazil’s mining sector regulation, especially the creation of a National Mining Agency through the Executive order (Medida Provisória) nº 791/2017, in light of the socio-environmental sustainability principle, regulated in art. 3, II, c / c art. 170, VI, art. 219 and art. 225 of Brazil’s Constitution. For this purpose, the abovementioned reform was contextualized in the national and international economic scenario, and considering the legal mechanisms made available, it was considered whether the new regulatory agency can effectively contribute to improve the regulatory framework of mining activity in the country.