Minning Law

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The activities that take place around the mining, energy and hydrocarbon industry in the country, has reached a development of great importance in recent years and these movements need to be regulated to determine both the ownership of the mineral and who can perform the work of exploration and exploitation of these resources. Likewise, these tasks constitute an important source in the economic development of the country; but they are also influenced by the different measures that involve the safety and health of all the actors involved and the environmental impact that this action causes.

Rio de Janeiro miner attorney at ALVES JACOB LAW FIRM is expert in mining, energy and hydrocarbon law aimed at providing legal services in advising mining projects; which include all the documentation processing processes before the competent authorities; as well as the pertinent in mining negotiations.

In this way, the experience and trajectory of our São Paulo Miner attorney is extended to the design of protection and legal defense strategies for the development of the entire procedure of this activity from the exploration, exploitation and commercialization of non-renewable natural resources and that involves, in addition, the protection of the environment.

Additionally, the department of Mining, Energy and Hydrocarbon Law ofthe Brazil miner attorney at ALVES JACOB LAW FIRM Abogados carries out work in procedures for the purchase and sale of mining titles; preparation of documents and evidence in the presentation of requests for special reservations; contract proposals for concessions and temporary contracts; technical and legal advice in sanctioning processes; International negotiations; among other legal supports.

This section deserves special mention, since we have a specialist Rio de Janeiro Miner attorney in the field with experience in the sector.
Mining activity requires compliance not only with the requirements and prescriptions imposed by our sectorial mining regulations, but also with the conditions that derive from our environmental legislation, as well as the determinations on land use planning. In addition, the existence of concurrent competences between the different Administrations and the great diversity of administrative authorizations, notably hinders administrative procedures aimed at the opening or expansion of mining operations.

Our São Paulo Miner attorney Works with comprehensive advice on the matter and continuous work with administrations in order to legally solve the different obstacles that arise in the very different administrative procedures. If necessary, file the appeals provided for by law in administrative proceedings or go to court with the appropriate contentious-administrative appeal.

With a tradition of several decades that goes back to the origins our Brazil Miner attorney continue to provide advice on Mining Law to national and foreign clients, which includes obtaining, maintaining and renewal of mining concessions and permits, the design and structuring of supply contracts, and the acquisition and financing of mining projects.
Mining law must solve serious problems, among which we point out the following:

1) The regime of exploration and acquisition of mines.
2) The exploitation of mines, taking into account, on the one hand, the economic importance that they have for the community. On the other hand, to the dangers that this exploitation matters for those who intervene in mining works.
3) The relations between the concessionaires of the mines and the surface owners and ownersof neighboring mines, or owners of the property to avoid and resolve conflicts.
4) The organization of mining companies.
5) The tax regime on mines; etc.

Mining law, traditionally located in private law, actually houses a large number of rules of public (administrative) law that tend to increase. Conceiving the mine as a property and the right of the owner of the mine as a property right, it was natural that its institutions were conceived as part of private law. But this last criterion has evolved a lot.
Lambert has even said that "mining law becomes more and more clearly an undivided right between public and private law."

We define mining law as the set of norms and principles that regulate the exploration, acquisition and exploitation of mineral wealth, as well as the relationships between the holders of the rights over the mines and the surface ones.


Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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