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Mining rights in Brazil: research authorizations, mining concessions, fees, transfers and penalties

Last verified: 2026-10-27 · Status: Stable

Minerals belong to the Union, and a foreign group mines in Brazil through a Brazilian incorporated company that holds a research authorization from the ANM and then a mining concession from the Minister of Mines and Energy. Research permits last up to 4 years, carry an application fee and an annual per hectare fee, and can be assigned or pledged once recorded at the ANM. Breaches carry fines from R$2,000 to R$1 billion and, ultimately, forfeiture of the title, on top of the CFEM royalty on sales.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.3346 per US dollar for 27 October 2026. Conversions are for orientation only.

Key facts

Maximum term of a research authorization (renewable)	4 yearsDecreto-Lei nº 227 art. 22 III, as of 2026-10-27 · in force
Maximum Mining Code fine	1000000000 BRLDecreto-Lei nº 227 art. 64, as of 2026-10-27 · in force
Minimum Mining Code fine	2000 BRLDecreto-Lei nº 227 art. 64, as of 2026-10-27 · in force
Deadline to start mining after the concession is published	6 monthsDecreto-Lei nº 227 art. 47 I, as of 2026-10-27 · in force
Deadline to request possession of the deposit	90 daysDecreto-Lei nº 227 art. 44, as of 2026-10-27 · in force

The rule

1. Mineral deposits belong to the Union, separate from surface ownership, and the concession holder owns the product mined. Research and mining require an authorization or concession from the Union, granted only to Brazilians or companies incorporated under Brazilian law with head office and management in Brazil; a law sets special conditions in the border zone and on indigenous land. Research authorizations are always for a fixed term, titles may not be assigned without the grantor's prior consent, and the landowner has a share in mining results.Constitution of Brazil, Art. 176 caput and §§ 1 to 3, 1988-10-05 official text · verified 2026-10-27

2. The National Mining Agency (ANM), a federal regulatory agency linked to the Ministry of Mines and Energy, manages mineral rights and titles, sets the technical, legal, financial and economic requirements for applicants and regulates area availability procedures, applying the Mining Code.Lei nº 13.575 (ANM Law), Arts. 1 and 2 I, V to VIII, 2017-12-26 official text · verified 2026-10-27

3. The Mining Code regimes are concession (ministerial order), authorization (research permit), licensing (a local licence registered with the regulator), artisanal mining permit and monopoly. Developing a deposit requires a research authorization and then a mining concession granted by the Minister of Mines and Energy.Decreto-Lei nº 227 (Mining Code), as worded by Lei nº 9.314 of 14 November 1996, Arts. 2 and 7, 1967-02-28 official text · verified 2026-10-27

4. Research authorizations are granted to Brazilians, natural persons, individual firms or duly qualified companies on application, and research work must be run under the responsibility of a licensed mining engineer or geologist. The application includes the area in hectares, a descriptive memorial, a site plan and a research plan with budget and schedule.Decreto-Lei nº 227, Arts. 15 and 16, 1967-02-28 official text · verified 2026-10-27

5. A research authorization costs an application fee equal to 270 UFIR and an annual fee per hectare (TAH) until the final report is filed, capped at 2 UFIR per hectare and set by ministerial order according to substance, area size and location. Non payment of the application fee leads to rejection; non payment of the annual fee leads to a fine and then nullity of the permit.
Cost to do it: Application fee 270 UFIR and annual per hectare fee up to 2 UFIR, at the values updated by the ANM.Decreto-Lei nº 227, as worded by Lei nº 9.314, Art. 20 I and II, and § 3, 1967-02-28 official text · verified 2026-10-27

6. Research authorizations last up to 4 years, as requested and per ANM resolution, extendable for the same period, with more than one extension only in cases set by regulation; the extension must be requested at least 60 days before expiry. The permit may be assigned to a qualified assignee, but assignments are valid only once recorded at the ANM; total or partial waiver is allowed.Decreto-Lei nº 227, as worded by Lei nº 14.514 of 29 December 2022, Art. 22 I, I-A, II and III, 1967-02-28 official text · verified 2026-10-27 · changed: Lei nº 14.514 of 29 December 2022 extended the research permit term to up to 4 years and required ANM recording for assignments.

7. After the final research report is approved, the holder applies to the Minister for the mining concession with an economic development plan. The concessionaire must ask the ANM for possession of the deposit within 90 days of the concession order (fee of 500 UFIR), start mining within 6 months of publication, mine only the listed substances under the approved plan and not suspend works without notice.Decreto-Lei nº 227, Arts. 38, 44 and 47 I to XIV, 1967-02-28 official text · verified 2026-10-27

8. A mining concession survives sale or encumbrance, which is valid only once recorded at the regulator, and passes only to someone able to hold it. Debts and liens on the concession end with the concession.Decreto-Lei nº 227, Art. 55 §§ 1 to 3, 1967-02-28 official text · verified 2026-10-27

9. Breaches of research, mining and licensing duties lead to warning, fine, daily fine, seizure of ore and equipment, suspension of activities or forfeiture of the title. Fines range from R$2,000 to R$1,000,000,000 by gravity and double on repeat offences. Forfeiture is declared for abandonment, missed deadlines after warning and fine, ambitious mining or a third repeat offence within a year.
Cost to do it: Fine R$2,000 to R$1,000,000,000 (about US$375 to US$187.46 million).
Example: Maximum fine: R$1,000,000,000; doubled on repeat. / About US$187.46 million.Decreto-Lei nº 227, as worded by Lei nº 14.066 of 30 September 2020, Arts. 63, 64 and 65, 1967-02-28 official text · verified 2026-10-27 · changed: Lei nº 14.066 of 30 September 2020 raised the fine ceiling to R$1 billion and added daily fines, seizure and suspension.

10. Mining title holders pay the CFEM royalty on gross sales less sales taxes at 1 to 3.5 percent by substance, capped at 4 percent; see the key sectors page for rates.Lei nº 8.001, as amended by Lei nº 13.540 of 18 December 2017, Art. 2 and Annex, 1990-03-13 official text · verified 2026-10-27

Worked example

A foreign junior acquires a research permit from a Brazilian holder: the buyer must be a qualified Brazilian incorporated company, the assignment is valid only once recorded at the ANM (art. 22 I-A), and the buyer takes on the annual per hectare fee until the final report. If it later fails to start mining within 6 months of the concession order and ignores a warning and fine, the Minister may declare forfeiture (arts. 47 I and 65 b).

Step by step

1. Incorporate a Brazilian company with head office and management in Brazil; check border zone and indigenous land limits for the target area.
2. File the research application with the ANM with plan, budget and a licensed geologist or mining engineer, and pay the application fee.
3. Pay the annual per hectare fee every year until the final report and request any extension at least 60 days before expiry.
4. File the final research report; once approved, apply for the mining concession with the economic development plan and environmental licensing.
5. Request possession within 90 days of the concession order and start mining within 6 months.
6. Record every assignment, sale or pledge at the ANM; register CFEM payments from the first sale.

Common traps

An unrecorded assignment or pledge of a mining title has no validity (arts. 22 I-A and 55 § 1).
Liens on a concession die with it; lenders should monitor compliance that could lead to forfeiture (art. 55 § 3).
Missing the annual per hectare fee can end in nullity of the permit, losing priority over the area.
UFIR based fees are updated by the ANM; use the current ANM guide value, not a conversion of the statute.
Dam safety rules and fines of up to R$1 billion apply separately to tailings structures (see the dam safety page).

Sources

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