Banca de QUALIFICAÇÃO: HERBERT RICARDO GARCIA VIANA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : HERBERT RICARDO GARCIA VIANA
DATE: 06/05/2025
TIME: 14:00
LOCAL: Ambiente virtual
TITLE:

MINING AND ENERGY TRANSITION: LEGAL AND STRATEGIC CHALLENGES FOR BRAZIL

KEY WORDS:

Mining Law; Energy Transition; Geopolitics; Mining Legal Framework.

PAGES: 160
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation analyzes the challenges and opportunities of critical mineral mining for the energy transition in Brazil, considering geopolitical, regulatory, and institutional aspects. The research is delimited to the evaluation of Brazil's strategic position in response to the growing global demand for elements such as lithium, cobalt, nickel, copper, and rare earth elements, which are essential for the production of low-carbon technologies. The central research question addresses how Brazil positions itself as a strategic actor in the exploration of critical minerals for the global energy transition, balancing geopolitical, regulatory, and environmental challenges amid increasing demand for these resources and potential weaknesses in the new mining regulatory framework. The study is justified by the constitutional relevance of the theme in Brazil, the geopolitical and economic importance of these minerals in the 21st century, as well as the risks associated with unregulated exploitation, political instability, and illegal mining. The general objective is to critically analyze the legal framework, the role of the State, and the geostrategic factors involved in the exploitation of critical minerals in the country. The adopted methodology is qualitative, combining bibliographic and documentary review, analysis of secondary data, case studies, and the development of a SWOT matrix to assess Brazil’s conditions in the sector. The results indicate that Brazil possesses significant geological potential, a consolidated mining tradition, and industrial maturity. However, the country still faces challenges such as excessive bureaucracy, legal uncertainty, low inspection capacity, and regulatory gaps. The dissertation also highlights the importance of recent legal milestones, such as Law No. 14.066/2020 and Law No. 13.540/2017, as well as the proposal of Bill No. 2780/2024, which aims to establish a national policy for critical minerals. The proposed objectives were fully achieved. As a result, it is concluded that Brazil holds favorable conditions to play a relevant role in the global energy transition value chains, provided it promotes modern regulation, strengthens institutional governance, and adopts public policies that reconcile economic development, social justice, and environmental protection. For future research, it is suggested to deepen the study on the role of state-owned and private companies in the production chain, regulation of the secondary market (recycling and reuse), and fiscal justice in mining territories.

COMMITTEE MEMBERS:
Interno - 3456619 - ANDERSON SOUZA DA SILVA LANZILLO
Interno - 1254860 - FABRICIO GERMANO ALVES
Interna - 1753603 - PATRICIA BORBA VILAR GUIMARAES
Presidente - 1298976 - YANKO MARCIUS DE ALENCAR XAVIER