Established by Law No. 15,506 of September 16, 2026, the policy brings together measures to develop the production chains of these minerals in Brazil.
The Law establishes the National Policy on Critical and Strategic Minerals (PNMCE) and the National Council for the Industrialization of Critical and Strategic Minerals (CIMCE), and amends Law No. 11,488/2007, Law No. 13,334/2016, Law No. 13,575/2017 and Law No. 14,801/2024.
The main goal is to move Brazil away from a model focused solely on extracting and exporting raw ore toward a model of industrialization, beneficiation and processing of these minerals within the national territory.
At the same time, Decree No. 13,118/2026 was published to regulate the PNMCE and to structure and detail how the CIMCE operates. It is the regulatory instrument responsible for establishing the governance and the practical oversight and approval mechanisms of the mineral policy.
For the purposes of the Law, critical minerals are mineral resources needed by key sectors of the national economy whose availability is insufficient, unstable or vulnerable because of a shortfall in domestic production, high dependence on imports, geographic concentration of foreign supply, geopolitical risks, market restrictions or technological bottlenecks, and whose scarcity could pose a significant risk to the country’s economy.
This definition aims to secure the energy transition and guarantee food and nutrition security, while safeguarding national and technological security and sovereignty in sectors that are strategic for the country.
The strategic minerals covered by the Law are relevant minerals arising from significant reserves that are essential to the economy in generating a trade surplus, to technological development, to regional development or to reducing greenhouse gas (GHG) emissions in the respective production chain.
The change in the composition of the energy mix aims at a greater share of renewable sources and lower greenhouse gas emissions, so as to contribute to net-zero greenhouse gas emissions.
A Low-Carbon Mineral Certificate (CMBC) will be issued, exclusively by an accredited certification company, as the outcome of the process of certifying the greenhouse gas emission intensity of mineral production.
Recycling, described in the law as urban mining, is highlighted as the systematic process of collecting, dismantling, separating, beneficiating and refining waste in order to recover critical and strategic minerals and other valuable materials contained in electronic waste, batteries, end-of-life vehicles, construction debris and landfills.
The purpose of the National Policy on Critical and Strategic Minerals (PNMCE) is to foster exploration, mining, beneficiation, mineral processing and urban mining as a way of promoting the development of the industry, distribution, trade and consumption of products derived from these minerals.
Implementation of the PNMCE will follow the principles of regulatory stability, legal certainty and predictability as the foundations for attracting investment and for the sustainable development of the sector. These are subordinate to the principles of national sovereignty and the primacy of the public interest.
The CIMCE and the ANM are responsible for overseeing changes in the direct or indirect control of companies holding mining rights, including through corporate reorganization; access to geological information of strategic interest; and the significant influence of foreign legal entities over companies holding such rights, as well as their contracts, agreements or partnerships that could affect the country’s economic or geopolitical security.
The definition and updating of the substances classified as critical minerals and strategic minerals will follow economic, socio-environmental and climate criteria.
The principles of the PNMCE include the provision of financial support by state-owned banks and development agencies for investment in Brazil, workforce training and qualification, and the encouragement of research, technological development and innovation for the full development of production chains. Also listed is the promotion of regional and local development in cooperation with the states, the Federal District, municipalities and organizations representing the mining sector.
The PNMCE will be carried out in line with national policies, strategies, programs and plans, in particular the National Mining Plan (PNM), the New Industry Brazil Program (NIB), the National Fertilizer Plan (PNF), the National Strategy for Science, Technology and Innovation (ENCTI), the Ecological Transformation Plan, the National Circular Economy Strategy, the National Defense Policy (PND) and the National Defense Strategy (END), among others.
The instruments of the PNMCE include the Mining Activity Guarantee Fund (FGAM), with federal participation of up to R$ 2 billion to support projects in the sector, and the Federal Program for Beneficiation and Processing (PFMCE), which provides for tax credits of up to R$ 1 billion per year between 2030 and 2034 for companies that carry out beneficiation, mineral processing or urban mining in the country.
These instruments also include the issuance of Incentivized Debentures, with the expansion of Law No. 14,801/2024 to projects in the beneficiation and processing sector, allowing issuance by companies with annual revenue of up to R$ 5 billion, as well as Reidi (the Special Incentive Regime for Infrastructure Development).
Companies taking part in the incentive programs will be required, in return, to allocate 0.3% of their gross operating revenue to Research, Development and Innovation (RD&I) and a further 0.2% to paying in shares of the FGAM during the first six years. From the seventh year onward, 0.5% will be invested exclusively in RD&I.
Failure to implement the project, or implementing it in breach of the law, will result in a fine of up to 20% of the tax credit that would have been allocated to the project.
The National Registry of Critical and Strategic Minerals Projects (CNPMCE) is established for the mandatory registration of projects implemented in Brazil. The CNPMCE will consolidate the information submitted in a database.
Exploration permits will have a maximum, non-extendable term of 10 years from the publication of the permit in the Official Gazette, excluding the documented period between the application for operation and the actual issuance of the operating license. Areas with potential for producing critical and strategic minerals must be prioritized in auctions held by the ANM.
The Law authorizes the federal government to create the National Network for Research, Technological Development and Professional Training in Critical and Strategic Minerals (RNMCE), to provide scientific and technological support for research, development, technology extension and innovation (RD&I) to mining chains.
The National Council for the Industrialization of Critical and Strategic Minerals (CIMCE) will be the body responsible for coordinating, planning and monitoring the PNMCE, in charge of public policies and actions aimed at developing production chains.
Its membership, of up to 15 (fifteen), will include representatives of Executive Branch bodies, and will also guarantee the participation, with voting rights, of one (1) representative of the states and the Federal District, one (1) representative of the municipalities, two (2) representatives of the private sector with recognized expertise in mineral policy and one (1) representative of higher education institutions with recognized expertise in the mining sector.
The Council’s duties include analyzing and approving projects, after consulting the ANM, and approving changes in the direct or indirect control, including through corporate reorganization, of companies holding mining rights related to critical and strategic minerals.
With the policy in place, the debate turns to how to translate its guidelines into investment, technology and industrial production in Brazil. This will be the focus of the seminar organized by Instituto Diálogos.
Event details
Seminar Critical Minerals: From the New Law to Industrial Transformation
When: October 8, 2026, 9 a.m. to 12:30 p.m.
Where: ION Building Auditorium, Asa Norte, Brasília (DF)
Organized by: Instituto Diálogos
Registration: https://forms.gle/yhb6hQWtgbd93f6s6
Seating is limited to the auditorium’s capacity.