Brazil's 2026 National Policy on Critical Minerals: Ambitious Goals Amid Indigenous Rights Concerns

On September 16, 2026, Brazil enacted Law No. 15.506, establishing the National Policy for Critical and Strategic Minerals (PNMCE), aimed at boosting national sovereignty, energy transition, technological innovation, and mineral industrialization. The law introduces stringent state oversight over mining projects involving critical minerals, including the creation of the National Council for the Industrialization of Critical and Strategic Minerals (CIMCE) and a mandatory registration system for relevant mining operations.

The PNMCE mobilizes significant resources, including a guarantee fund of up to R$ 2 billion, tax credits, and financing incentives via the National Bank for Economic and Social Development (BNDES), enhancing the sector’s investment appeal. It also mandates environmental and social accountability, establishing traceability and low-carbon certificates for minerals. CIMCE will oversee updates to the classification list of critical minerals every four years and approve major corporate and operational decisions involving these resources.

However, important critiques have emerged regarding the law’s social implications. Indigenous and quilombola communities, whose lands and cultures are directly impacted by mining, are notably absent from CIMCE’s 18-member governance structure, which comprises primarily federal and private sector representatives. This exclusion raises fears that public consultations will become mere bureaucratic formalities rather than meaningful engagements respecting “free, prior, and informed consent.” The law lacks explicit guarantees to protect indigenous territorial and cultural rights, potentially sidelining these communities as mere impacted populations rather than rights holders.

Experts stress that the legitimacy and success of the policy hinge upon integrating these communities' perspectives and safeguarding their rights, beyond promoting mineral exploitation and industrial goals. Such inclusion remains essential to addressing the social and environmental costs linked to critical mineral development in Brazil.

As the policy comes into force, monitoring how these regulatory and social dimensions unfold will be crucial in ensuring an equitable and sustainable path for Brazil’s strategic mineral ambitions.