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State Monopolies

In the Brazilian Mining Market


APRIL, 2012 By Adler Martins Foreign investment in mining is legal in Brazil.  Let's start from the basics: The Brazilian Federal Constitution provides for several rules on Mining Law, which include the following:Brazilian Mining (i)        The mineral resources, including the ones found underground, are property of the Union (article 20); (ii)      The Union has the capacity to issue laws and rules on mineral deposits, mines, other mineral resources and metallurgy (article 22, XII); (iii)     The ownership of mineral deposits, mines and other mineral resources differs from the ownership of the soil, for the purposes of exploitation and use, and concessionaires are granted the ownership of the output of the mining-extraction activity (article 176); (iv)  ....




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