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Mining Law: In Search of Sustainable Mining

Author

Listed:
  • Nathalie Barbosa Reis Monteiro

    (Department of Development and Environment, Ministro Petrônio Portella Campus, Federal University of Piauí, Teresina, Piauí 64049-550, Brazil)

  • Ana Keuly Luz Bezerra

    (Department of Law, Dirceu Arcoverde Campus, Federal Institute of Piauí, Teresina, Piauí 64053-120, Brazil)

  • José Machado Moita Neto

    (Department of Development and Environment, Ministro Petrônio Portella Campus, Federal University of Piauí, Teresina, Piauí 64049-550, Brazil)

  • Elaine Aparecida da Silva

    (Department of Development and Environment, Ministro Petrônio Portella Campus, Federal University of Piauí, Teresina, Piauí 64049-550, Brazil)

Abstract

Mining is an activity that generates inputs to different production chains, making it essential for any country’s development. However, it causes environmental, economic, and social impacts that must be considered. The Mining Law provides guidelines, through laws and regulations, so the activity can be carried out in an environmentally, economically, and socially sustainable way. In this paper, an analysis was conducted of the application of some peculiar characteristics of Brazilian Mining Law (locational rigidity, priority granting, among others) according to the parameters established in the Federal Constitution, in the Mining Code and its updates, and in the National Department of Mineral Production, Environment Ministry, and Mines and Energy Ministry normative acts. Moreover, the Superior Court of Justice Jurisprudence was analyzed to understand how the Mining Law is applied, in practice. It was verified that the Brazilian legislation is not perfect, but it has mechanisms to protect and benefit the miner, the society, and the environment. However, there are many shortcomings like the lack of speed in judging processes and the flaws in the applicability of some principles that compromise sustainability in the activity’s development, especially regarding the environmental and social liabilities left after mine closure.

Suggested Citation

  • Nathalie Barbosa Reis Monteiro & Ana Keuly Luz Bezerra & José Machado Moita Neto & Elaine Aparecida da Silva, 2021. "Mining Law: In Search of Sustainable Mining," Sustainability, MDPI, vol. 13(2), pages 1-16, January.
    • Handle: RePEc:gam:jsusta:v:13:y:2021:i:2:p:867-:d:481622
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    References listed on IDEAS

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    1. Goh, Eric & Effendi, Shahar, 2017. "Overview of an effective governance policy for mineral resource sustainability in Malaysia," Resources Policy, Elsevier, vol. 52(C), pages 1-6.
    2. Couttenier, Mathieu & Sangnier, Marc, 2015. "Living in the Garden of Eden: Mineral resources and preferences for redistribution," Journal of Comparative Economics, Elsevier, vol. 43(2), pages 243-256.
    3. Lima, Ana T. & Mitchell, Kristen & O’Connell, David W. & Verhoeven, Jos & Van Cappellen, Philippe, 2016. "The legacy of surface mining: Remediation, restoration, reclamation and rehabilitation," Environmental Science & Policy, Elsevier, vol. 66(C), pages 227-233.
    4. Jaskoski, Maiah, 2014. "Environmental Licensing and Conflict in Peru's Mining Sector: A Path-Dependent Analysis," World Development, Elsevier, vol. 64(C), pages 873-883.
    5. Jewellord Nem Singh, 2010. "Reconstituting the Neostructuralist State: the political economy of continuity and change in Chilean mining policy," Third World Quarterly, Taylor & Francis Journals, vol. 31(8), pages 1413-1433.
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