Public Consultation Notice ANM No. 01/2026 was published in the Federal Official Gazette on August 10, 2026. Through this notice, the National Mining Agency (ANM) seeks input on a proposal to amend ANM Resolution No. 223 (dated October 20, 2025), which governs procedures for investigating infractions, imposing sanctions, and determining fine amounts resulting from non-compliance with mining sector legislation.
Among the changes submitted for consultation, we highlight the following points:
• Inclusion of the “factual core” concept and prohibition of multiple sanctions for the same act
The concept of a “factual core” (*núcleo fático*) has been introduced, defined as the set of acts or omissions that constitute, in essence, a single illicit conduct, even if they could be classified under different groups, themes, or severity levels.
According to the draft, when two or more infractions arise from the same factual core, a single notice of violation shall be issued, applying the classification corresponding to the highest level of severity; the accumulation of monetary sanctions for the same triggering event is prohibited.
• Regulation of continuing infractions
The proposal also expressly regulates continuing infractions. In such cases, two or more actions or omissions of the same type—committed by the same offender and related to the same legal provision within the same operational structure, polygon, or mining process—may be consolidated into a single notice of violation.
The draft stipulates that, once a continuing infraction is established, the fine amount resulting from the penalty calculation process must be multiplied by the number of occurrences identified by the inspection authorities.
• Application to ongoing administrative proceedings
The draft provides that the new fine amounts shall apply to administrative proceedings that have not yet reached a final decision, including those currently in the appeal stage. If the new methodology results in a reduction of the fine, the interested party may request a review of the sanctioning act, subject to criteria and deadlines yet to be defined in a specific regulatory act. The proposal also expressly prohibits the retroactive application of more burdensome rules, establishing the prevalence of the rule most favorable to the regulated party.
Given the scope of the proposed changes and their potential impact on both future enforcement actions and ongoing administrative sanctioning proceedings, the Public Consultation offers a significant opportunity for companies, representative bodies, and other sector stakeholders to assess the effects of the new methodology and submit input to the ANM.
Contributions to ANM Public Consultation No. 01/2026 may be submitted until September 24, 2026, via the *Brasil Participativo* platform.
This bulletin is for informational purposes only and does not constitute a legal opinion or legal advice.
Evelini Oliveira de Figueiredo Fonseca | evelini.fonseca@nascimentomourao.adv.br
Legal Coordinator and Partner, Environmental, Regulatory, and Biodiversity Law Practice.
Bruna Aveiro Santos | bruna.aveiro@nascimentomourao.adv.br
Partner, Environmental, Regulatory, and Biodiversity Law Practice.
