STF unanimously validates restrictions on the sale of land to companies with foreign capital

In March, the Federal Attorney General’s Office had argued that the restrictions are provided for in the 1988 Constitution

Disclosure/Serra Verde
American company USA Rare Earth announced the purchase of Serra Verde Group

The Federal Supreme Court (STF) voted unanimously this Thursday (23) for the constitutionality of the 1971 law that imposes conditions on the sale of rural properties to foreigners and companies with international capital. In March, the The Union’s Attorney General had argued that the restrictions are provided for in the 1988 Constitution and must be maintained to protect territorial sovereignty, curb land speculation and prevent money laundering schemes, the AGU said in a press release.

On Monday (20), the a Brazilian mining company responsible for the only large-scale operation outside Asia capable of producing the four rare earth magnetic elements essential for permanent magnets. The transaction value is around US$2.8 billion and is expected to be completed in the third quarter of 2026.

The business involves US$300 million in cash and the issuance of 126.849 million new shares of USA Rare Earth. Serra Verde owns the Pela Ema mine and processing plant, located in Goiás, which entered commercial production in 2024 after more than US$1.1 billion in investments.

This Thursday (23), the president of the Chamber of Deputies, Hugo Motta (Republicanos-PB), stated that and which establishes the National Strategic Critical Minerals Policy. The opinion of the rapporteur, deputy Arnaldo Jardim (Cidadania-SP), would be released this week, but the federal government asked for more time.

The president added that Congressman Arnaldo Jardim’s text has the potential to advance Brazilian legislation. “From what I talked to him (Jardim), the text should represent a major advance in our legislation so that Brazil can benefit to the maximum from this large reserve that we have of critical minerals, the famous Rare Earths”, he said.

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