ler totalmente Brazilian Mining Law

Brazilian Mining Law (Müller & Wolff Verlag, 2026) - the English edition of Murillo Gutier's Direito Minerário Brasileiro (Tirant lo Blanch, 2026) - is a comprehensive treatise that reconstructs an often-overlooked field as a coherent, scientifically autonomous branch of special administrative law. Across thirteen chapters, it moves from first principles to the most pressing controversies of contemporary practice, combining doctrinal rigor with a deliberately didactic architecture.
The work opens by establishing the legal nature, autonomy, and historical evolution of the discipline, tracing its lineage from Roman law and the regalian system of colonial Brazil to the dominial regime consolidated after 1934, and situating Brazil within a comparative survey of South Africa, Australia, Canada, Chile, France, Peru, and Colombia. It then anchors mining within the 1988 Federal Constitution, mapping the delicate interface between mineral exploitation and environmental protection, and presenting administrative law as the master instrument for ordering the sector.
Subsequent chapters develop the foundational principles of mineral exploitation - supremacy, national interest, the socio-environmental function of mining property, priority, and environmental rehabilitation - before dissecting the National Mining Agency (ANM): its legal nature, competences, organizational structure, and the institutional transition from the former DNPM. The author then systematizes the legal regimes for using mineral resources (prospecting authorization, mining concession, mineral licensing, garimpo permission, and extraction registry) and offers a clause-by-clause reading of the Mining Code (Decree-Law No. 227/1967).
The treatise's most original contributions lie in its critical chapters. Gutier proposes a constitutional rereading of the priority regime, defending a right of preference for the surface holder grounded in the social function of property. He examines environmental mining damage through civil liability, the burden of proof, and the contested question of imprescriptibility - where his critique of judicial activism and the ratio decidendi of leading precedents is especially sharp. Further chapters address the mining dam framework forged after the Mariana and Brumadinho tragedies, the financial charges owed to the State (notably CFEM royalties), the catalogue of legal risks across every stage of a mineral venture, the protection of natural underground cavities, and the criminal offenses specific to mining.
What distinguishes the book is its method. Each theme closes with a Logic of the Theme synthesis, an expanded Synoptic Chart, and, where relevant, a curated Table of Precedents from the STF and STJ - turning a dense regulatory landscape into an accessible, navigable system. The result speaks at once to scholars, practitioners, regulators, and students, uniting constitutional theory, administrative practice, and environmental sensibility.
In short, Brazilian Mining Law is both a rigorous doctrinal map and a critical intervention - an authoritative guide to one of the most strategically vital and legally intricate sectors of the Brazilian State.

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