Activities linked to mining are subject to Brazil’s extensive environmental legislation at federal, state and local levels. This legislation covers, amongst other aspects, the release of effluents, atmospheric emissions, handling and final dumping of dangerous residues, in addition to regulations related to the emission of environmental licenses for the installation and operation of potentially polluting activities.

Brazil’s environmental legislation imposes penalties on individuals or corporations whose conduct is characterized as environmental crime or offence, independent of the civil obligation to repair the environmental damage. Therefore, those who carry out environmental violations or felonies are subject to sanctions.

In addition, the responsibility for environmental crimes is subjective, that is, it may be considered that of the individual and/or the corporate entity. Environmental legislation further allows for the possibility of “disregard of legal entity” concerning the controlling party in the cases where this represents an obstacle to a claim for damages caused to the environment.

In the civil sphere, environmental damage implies joint and objective responsibility. This means that the obligation to repair environmental damage may affect all those directly or indirectly involved, irrespective of evidence of these agents’ guilt. As a consequence, the hiring of third parties to carry out any aspect f our operations, such as the final dumping of solid residues, does not exonerate us from possible environmental damages caused by the hired party.