Mineração e transição energética: desafios jurídicos e estratégicos para o Brasil

Abstract

This dissertation analyzes the challenges and opportunities related to the mining of critical minerals for the energy transition in Brazil, considering geopolitical, regulatory, and institutional aspects. The research is focused on evaluating Brazil’s strategic position in the face of growing global demand for elements such as lithium, cobalt, nickel, copper, and rare earths, which are essential for the production of low-carbon technologies. The central research question is: How is Brazil positioning itself as a strategic actor in the exploration of critical minerals for the global energy transition, while balancing geopolitical, regulatory, and environmental challenges, given the increasing demand for these resources and potential weaknesses in the country’s new mining regulatory framework? This study is justified by the constitutional treatment of the topic in Brazil, the geopolitical and economic relevance of these minerals in the 21st century, and 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 exploration of critical minerals in Brazil. The methodology adopted is qualitative, including literature and document 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, but still faces obstacles such as excessive bureaucracy, legal uncertainty, limited regulatory capacity, and normative gaps. The dissertation also highlights the importance of recent legal frameworks, such as Law No. 14.066/2020 and Law No. 13.540/2017, as well as the proposed Bill No. 2780/2024, which aims to establish a national policy on critical minerals.