Negotiation includes a 15-year contract that allocates 100% of production to a company financed by US government agencies
The deputy (PT-SP) contacted the Ministry of Mines and Energy and Cade (Administrative Council for Economic Defense) this Tuesday (May 5, 2026) to request clarification and investigation into the sale of Serra Verde Pesquisa e Mineração to USAR (USA Rare Earth Inc.), in an operation estimated at US$ 2.8 billion. Read the documents sent to na (782 Kb – PDF) and the Ministry in (23.3Kb – PDF).
In the documents, Chinaglia classifies the transaction as an event “grave” for national sovereignty, by involving the only large-scale producer from outside Asia.
According to the requests, the negotiation covers the signing of a 15-year supply contract, committing 100% of production to a special purpose company capitalized, according to itself, by “various agencies of the United States government”.
Chinaglia states that the structure could result in the closure of the Brazilian rare earths market, by preventing national companies — and the State itself — from accessing the raw material. “The operation does not create a market. It closes it”these.
The deputy also raises suspicions of violations of the economic order, such as restrictions on competition and barriers to the entry of new agents, and asks Cade to assess whether there was a failure to comply with the mandatory prior notification or practice of “gun jumping”.
In the request to the ministry, Chinaglia expands on the questions and demands explanations about a memorandum of understanding signed in March 2026 between the government of Goiás and the United States Department of State for . The document has not been released publicly.
The deputy questions the legality of a state government signing an international agreement involving the Union’s mineral resources and asks for the entire content of the memorandum to be sent, as well as clarifications on possible participation or prior knowledge of the federal government.
Another point raised is the potential use of rare earths by . According to the congressman, USAR declares its mission to provide inputs to the US Armed Forces. He asks if there are legal or diplomatic instruments to prevent Brazilian minerals from being used for weapons.
Chinaglia also questions the direct participation of the North American government in the operation, including financing of US$565 million by the US DFC (International Development Finance Corporation). He wants to know whether the Brazilian government was informed or participated in the negotiations.
The document also highlights a lack of transparency and demands information on possible analysis. The deputy requests access to contracts, processes and evaluations carried out by the government.
In the PT member’s assessment, the agreement could lead to Brazil losing access to its own natural resource, being forced to acquire, on the international market, the ore extracted in its territory, including for strategic sectors such as defense, energy and technology.
Chinaglia also questions the actions of , asking for clarification on the authorization of the transfer of the mining concession and possible communication to Cade about market concentration.
He also demands a formal position from the Ministry of Mines and Energy on the operation and what measures will be adopted to guarantee the country’s sovereignty and priority access to rare earths.
