AVAILABILITY OF AREAS: EVOLUTION OF THE LEGAL FRAMEWORK UNTIL THE ADVENT OF THE PUBLIC OFFER SYSTEM AND ELECTRONIC AUCTION BY THE NATIONAL MINING AGENCY

Abstract

This study analyzes the regulatory evolution of the area availability procedure in the Brazilian mining sector, focusing on the changes introduced by Decree No. 9,406/2018, ANM Resolution No. 24/2020, and Ordinance No. 155/2016. The previous model, based on the best technical proposal, proved to be inefficient and prone to subjective decisions, leading to idle areas and legal uncertainty for the mining sector. With the creation of the National Mining Agency (ANM) and the implementation of an electronic system for public offering and area auction, greater efficiency and competitiveness in access to mineral resources were sought. The introduction of objective selection criteria, such as the highest bid value, represented a significant step toward democratizing access to mining areas and attracting new investments. The study concludes that the new availability model represents a paradigmatic shift in the sector, requiring continuous monitoring and regulatory improvement to ensure its effectiveness and compliance with modern mineral governance principles.