THE ILLEGAL COLLECTION OF FINANCIAL COMPENSATION FOR THE EXPLOITATION OF MINERAL RESOURCES – CFEM and THE INCOMPETENCE OF THE NATIONAL MINING AGENCY (ANM)

• DOI: 10.22533/at.ed.2163202314088

• Palavras-chave: Financial Compensation for Exploitation of Mineral Resources. National Department of Mineral Production. National Mining Agency. Direct Public Administration. Indirect Public Administration.

• Keywords: Financial Compensation for Exploitation of Mineral Resources. National Department of Mineral Production. National Mining Agency. Direct Public Administration. Indirect Public Administration.

• Abstract:

  The present work aims to expose the constitutional and infraconstitutional legal basis that culminates in the incompetence of the DNPM - National Department of Mineral Production, extinct on 12/26/2017 and of the ANM - National Mining Agency to collect the Financial Compensation for Exploitation of Mineral Resources, provided for in § 1 of article 20 of the Federal Constitution and instituted by Law 7990/89. The expository analysis of the infraconstitutional legislation that disciplines the matter, and the arguments presented indicate the existence of a true legal imbroglio, transforming it into total legal uncertainty for the Brazilian mineral sector, which calls for the reflection of the need to make the infraconstitutional legislative fabric compatible or the alteration of paragraph 1 of article 20 of the Federal Constitution, with adjustments in ordinary legislation so that there is support and a solid basis for the adoption of the collection and collection model by the ANM.