Rapporteur withdraws, at the last minute, attribution of prior analysis from the Executive for mining operations; text goes to the Senate
In a nod to the mineral sector, the deputy (Cidadania-SP) removed at the last minute from the final text of the Bill for critical minerals a section that gave the Executive the power to previously analyze corporate operations of mining companies with critical or strategic assets.
During the analysis of the text in plenary on Wednesday (May 6, 2026), Jardim accepted amendments to remove the term from the report “prior consent”which was being used to define the power of CIMCE (National Council for the Industrialization of Critical and Strategic Minerals), by the project, to block operations that it considers to be threats to Brazil’s economic and geopolitical security.
The change came after strong pressure from mining companies, who understood that the section would allow the Executive to previously veto mergers, acquisitions, corporate reorganizations and changes of control in companies that have rights to critical and strategic minerals. The impasse the vote on the text, which would be held on Tuesday (May 5).
The assessment was that the term “prior consent” would cause legal uncertainty and deter foreign investors.
“What was established as a requirement of the council, brought uncertainty that the negotiations [comerciais] had to be communicated previously, and there was a risk of commercial litigation arising from that”, Jardim said in the plenary.
To resolve the divergence, he replaced the expression with “approval”. The change, however, keeps the instrument of state control over assets. Despite no longer being able to analyze movements in advance, the board must still validate them and, if deemed necessary, reject operations.
“The council’s duties are fully maintained. The replacement is even more affirmative. Homologation is approval”stated the rapporteur.
According to Jardim’s text, the council must approve corporate operations involving the transfer of control, international agreements and partnerships and the transfer of critical minerals that belong to the Union. The project determines what it considers to be principles of national sovereignty, supremacy of the public interest and legal security.
The Jardim project, which creates the National Critical Minerals Policy, in the Chamber with a symbolic vote. It goes to the Senate for analysis.
