DIREITO MINERÁRIO - ADVOCACIA BREMM DIREITO MINERÁRIO - ADVOCACIA BREMM, Agência Nacional de Mineração, ANM minerário mineração
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The Judiciary recognized the thesis of Advocacia Bremm that it is illegal to charge the fine for failure to deliver the Mining Annual Report (RAL) by holders of the Garimpeira Mining Permit - PLG, as its value and the amount of PLG of the miner.
The Superior Court of Justice - STJ in a 2020 decision recognized the thesis of ADVOCACIA BREMM that the decision of the ANM to convert granted area coordinates into another geographic coordinate, such as mooring point geographic to SAD69 or from SAD-69 to IRGAS2000, which requires the rectification of other research permits and mining ordinance, which may affect the rights of other miners.
Advocacia Bremm, assisted in the first request for a declaration of public utility for the purpose of expropriating a third-party property for the purpose of carrying out mineral extraction, the request was filed with the ANM-MT.
ANM - REGULATES THE PROCEDURE FOR AVAILABILITY OF AREAS. It is estimated that the first public notice for the availability of areas and blocks of areas will be published by the beginning of March and is mainly aimed at aggregated materials. The second round should take place until June and, from then on, the intention is to have quarterly rounds. BREMM ADVOCACY is prepared for this new phase of mining. We are a Preventive and Litigious Law Firm, come have a coffee and ask your questions.
ADVOCACIA BREMM, was elected to receive the award The Winner Paris - the Lawyer Office in Mining, the event will be held on dia July 28, 2020 in Paris in France at the Hyatt Regency Paris Etoile Paris.
The "AR" returned by mail with "Not wanted" to the National Mining Agency (ANM) made it clear that the holder of the mining process is not effectively aware of the content of the correspondence and therefore cannot be penalized in any way by the agency. .
The National Mining Agency (ANM) cannot apply a fine for non-delivery of the final research report with the downloading of the research permit if it does not send the Research Permit to the district judge, for the assessment of rents and damages when there is no agreement with the property owner.
We inform that in the Official Gazette of February 17, 2020, section 1, page 36, the Deputy Director General approved the resolution amending Resolution No. 6, of April 2, 2019, of the National Mining Agency to resolution provides for inspection in the field - MINA or in loco regarding information provided by companies and municipalities for calculating the Financial Compensation for the Exploration of Mineral Resources (Cfem)
The Judiciary recognized the thesis of Advocacia Bremm that it is illegal to charge the fine for failure to deliver the Mining Annual Report (RAL) by holders of the Garimpeira Mining Permit - PLG, as its value and the amount of PLG of the miner.
The National Mining Agency (ANM) can only reject the research request from the plan in the absence of the documents listed in art. 16 of the CM, but if the receipt of the document appears in the protocol, you will have to prove that you did not receive the missing document.
Fines established in the decree that regulates the Mining Code are illegal, as they cannot describe or impose sanctions.
CFEM cannot affect pelletizing, calcination or any other stage of mineral industrialization, as it is illegal and unconstitutional.
The percentage of CFEM to be correctly applied after 11/01/2017, for gold ore is 1.5% and not 2% under the terms of MP no. 789/2017, during its term. Whoever collected the most is entitled to a refund.
The Judiciary in some judgments has been understanding that the holder of the mining title issued before 2017, has the right to continue to pay the CFEM, based on the rate of validity of the issuance of the title and not by MP no. 789/2017 which, after being converted into Law, increased the CFEM rates.
The Miner has the benefit of reducing the CFEM by 50% (fifty percent), in the case of mining goods obtained from tailings or waste from associated minerals used in other production chains.
The judiciary has recognized:
a) the right of the taxpayer to determine and collect the IRPJ and CSLL, the right to exclude the portion related to monetary restatement in income from financial investments, including in cases where taxes are collected by withholding from the paying source.
b) the taxpayer's right to be subject to the zero rate of IOF levied on exchange operations related to the entry into the country of income from_cc781905-5cde-3194-bb3b- 136bad5cf58d_ export, even if the funds have remained in an account abroad for a certain period of time.
c) that the taxpayer opting for the Real Profit to be effected admits the offsetting of the debts of estimates and advances by balance sheets or trial balances of suspension and reduction of IRPJ and CSLL, without the effects of art. 6, of Law No. 13.670/2018.
d) the right of the taxpayer to exclude from the tax base of PIS and COFINS (cumulative or non-cumulative) the ICMS levied on the operations.
In a judgment held in December 2019, the TRF 1st in Brasília confirmed the thesis of Advocacia Bremm on the delay in the analysis of appeal, nullity of the collection of the TAH and annualization of the mining title.
A part of the interview that Dr. Valmor Bremm granted it to the newspaper reporter.
In the second half of October, Dr. Valmor Bremm, received international investors at the Advocacia branch in Cuiabá - MT, who visited several gold mining companies, on the occasion Advocacia Bremm was hired to represent investors in Brazil, who intend to invest in the year 2020, U$ 100 million in the mining sector.
The Doctor. Valmor Bremm from Advocacia Bremm, on 09/17/2019 participated as a guest speaker at the Public Hearing at the Commission on Mines and Energy of the Federal Chamber, attended by Federal Deputy Joaquim Passarinho, Senator Flecha Ribeiro, Federal Deputy Silas Câmara and DR. Alexandre Vidigal de Oliveira, SGM representative of the Ministry of Mines and Energy.
The Doctor. Valmor Bremm, on August 19, 2019, was in Porto Velho - Rondônia meeting with the COOGARIMA board, discussing the future of mining in PLG and presenting proposals for improvements for the mineral sector in Brazil, which were presented in Brasília.
At the invitation of the MINISTRY OF MINING AND ENERGY, ABRAMP represented by its President Dr. Rogerio Manoel, Legal Director Dr. Valmor Bremm and Mr. Arthur Melo, were present at the meeting together with the GT (Working Group) to discuss improvements in the mineral exploration regime of the Garimpeira Lavra Permission - PLG. Also attending the meeting were Dr. Frederico Bedran Oliveira (Director DGPM), Dione Macedo (General Coordinator DDSM), Gabriel Mota Maldonado (Director of Sustainable Development in Mining DDSM), José Luiz Ubaldino de Lima (Coordinator General - Deputy Director DGPM), also Geologist and MME technicians , and also with the presence of Dr. Oscar Mendes Pereira, advisor to federal deputy Olival Marques, who was invited by Dr. Bremm.
Dr. Valmor Bremm, was in a meeting with Federal Deputy Ricardo Izar, president of the Parliamentary Committee on Mining at the Chamber of Deputies in Brasília. Presenting improvement proposals for the mineral sector in Brazil.
The Doctor. Valmor Bremm was received by Federal Deputy JOAQUIM PASSARINHO. Deputy Passarinho is very knowledgeable about the difficulty that miners have throughout Brazil, especially in the state of PARA. And it supports the reduction of bureaucracy in the activity throughout its production chain, from extraction to commercialization without market reservation.
The Doctor. Valmor Bremm and Arthur Melo, were in Brasília at the Chamber of Deputies in a meeting with Federal Deputy OLIVAL MARQUES, where they were able to explain the problems experienced by the mining activity and presented a proposal for improvements for the follow-up.
The meetings that Dr. Valmor Bremm, participated in Brasília, from July 03 to 05, 2019, has already brought results, ORDINANCE No. 108, OF JULY 11, 2019 OF THE SECRETARY OF GEOLOGY, MINING AND MINERAL TRANSFORMATION - SGM OF THE MINISTRY OF MINISTRY AND ENERGY was published - MME, Established the Working Group to study the possibility of simplifying the garimpeira mining concession regime.
On July 16, 2019, Dr. Valmor Bremm, participated in a meeting with the President of Metamat (Companhia Matogrossense de Mineração) Dr. Juliano Jorge, presenting some claims from the mining sector, which is committed to helping the mining sector to develop economically and socially balanced.
Dr. Bremm was in Brasília on 04/07/2019 and had 03 (three) meetings, the first was with Senator Jayme Campos from Mato Grosso, then with Federal Deputy Kim Kataguiri from São Paulo and the last one again in the secretariat of Palácio do Planalto, presenting some claims from the mineral sector.
The Federal Regional Court 4th Region, in judgment of 07/03/2019, accepted the appeal and acquitted the mining company defended by ADVOCACIA BREMM, for alleged clandestine mining.
Advocacia Bremm advised and completed the sale of a mine.
Advocacia Bremm was the only law firm in Brazil to participate in the 10:00 am meeting, in Annex I of Palácio do Planalto - together with SPPI - theme of the meeting - Dialogue with the Mining Sector. The Doctor. Valmor Bremm also represented COOPERLIVRA, ABRAMP, at the event, presenting suggestions and claims from the mineral sector.
Federal Court of the 1st Region of Brasília, in June 2019, grants an injunction requested by Advocacia Bremm for MINÉRIOS E JAZIDAS MINERAIS FME LTDA, belonging to Mr. Flavio Grisi, ordering that ANM - Agencia Nacional de Mineração complete the analysis of the availability of ANM - Minas Gerais, within 60 (sixty) days.
The Doctor. Valmor Bremm, gave a lecture in Novo Progresso - Pará at an event held by SEMA, during the environment week.
The Federal Court of TRF 3a-MS, acquits the mining company defended by ADVOCACIA BREMM, for alleged clandestine mining that occurred in the bed of the Paraná River.
The Paraná State Court recognized the thesis of Advocacia Bremm that the mining company that requested renewal of the Operating License after the 120-day period does not have to suspend its activities until the final analysis of the request by the environmental agency.
ADVOCACIA BREMM was nominated by Revista International to receive the honor, the 20 Awards event, New York Diamond Edition, category will take place at CASTLE HOTEL AND SPA known in Brazil as CASTELO DE CARAS, on July 20, 2019.
The Federal Regional Court –TRF 4ª, in a judgment held in the second half of November 2018, confirmed the thesis of ADVOCACIA BREMM, that the statute of limitations is 10 (ten) years for the collection of CFEM , only applies to triggering events after the entry into force of the law, so the law cannot retroact to reach triggering events prior to the entry into force of the law.
The Federal Court of Tocantins of the TRF 1st Region, in a sentence of 11/19/2018, recognized the thesis of ADVOCACIA BREMM, that in a Public Civil Action with a request for compensation for material damages for alleged clandestine mining, irregular extraction of mineral goods of more than R $ 20,00,000.00 (twenty million reais), there is no need to consider compensation for the commercialization value of the mining product, that is, the value of the commercialized mineral good.
The analysis of the possibility or not of the participation of foreign companies in the CPRM bids - Advogado explains distortions in the legislative interpretation.
Judge Antonio Carlos Malheiros of the Special Body of the Court of Justice of the State of São Paulo accepted the thesis of ADVOCACIA BREMM, and on 10/15/2018 granted the request for anticipation of an appeal so that a mining company in the State of São Paulo can restart immediately its activities of exploration/extraction, sale of mineral goods, the judge of first instance had determined the suspension of the exploration/extraction and sale.
Mining company in the state of Paraná, defended by Advocacia Bremm, obtains a favorable decision from the Federal Court of Curitiba-PR, in October 2018, in the sentence was recognized the right of the miner that his research request be analyzed by the DNPM/ANM which had rejected the research request based on art. 17 of the CM, for being supposedly unaccompanied by the situation plan, VI, of art. 16 of the CM, whose configuration and information elements are established in an ordinance of the Director General of the DNPM.
Lawyer considers absurd Decree that regulated the Mining Code
The Doctor. Bremm was in the State of Pará from May 23 to 29, 2018, in the municipalities of Marabá, Parauapebas, Curionópolis and Canaã dos Carajás in a meeting with several miners, cooperatives, such as ADVOCACIA BREMM is representing a Portuguese Group in the acquisition of a mine of Manganese in Parauapébas-PA.
DR. VALMOR BREMM, lawyer at ADVOCACIA BREMM WAS INDICATED by ANCEC – National Agency for Culture, Entrepreneurship and Communication, for the ceremony of delivery of the NATIONAL REFERENCE AWARD in Rio de Janeiro, on the date: August 27, 2018 Location: Mansão Carioca, Address: Estr . das Furnas, 572 - Alto da Boa Vista, Rio de Janeiro
ADVOCACIA BREMM, was invited by the ASSOCIATION OF ENTREPRENEURS OF RIO GRANDE DO SUL, SANTA CATARINA, PARANÁ AND MERCOSUR to receive the “TOP INTERNATIONAL BUSINESS AWARD,” TO THE BEST OF THE YEAR, at its 22nd. NATIONAL BUSINESS HIGHLIGHT TO THE BEST OF THE YEAR - Legal Counsel, on May 25, 2018, at 8.30 pm, at LIC – LAGOA YATE CLUBE – Salão Nobre –FLORIANOPOLIS/SC
Lawyer believes that law enacted on December 18 was not well written.
In a decision of December 4, 2017, MINISTER JOEL ILAN PACIORNIK of the STJ - Superior Court of Justice, in HABEAS CORPUS the defendant accepted the thesis of ADVOCACIA BREMM, which early execution of the sentence of a miner who was convicted of alleged clandestine mining is not possible, and the appeals filed against the conviction in the 4th TRF to the STJ and STF have not yet been judged.
Advocacia Bremm answers the question of a mining company by means of an opinion - SALE OF GOLD TO THE FINANCIAL INSTITUTION AS A FINANCIAL ASSET, CFEM, PIS and COFINS are not levied.
Expertise confirms the thesis of Advocacia Bremm that the value of the ore “in situ” clay would be R$ 1.66 per ton, in the Public Civil Action the Union asks for the mining company to be sentenced for the alleged clandestine mining of 25,343 ton, the volume was calculated by the DNPM technicians, who would assign the value of R$ 8.00 per ton to the ore sold.
ADVOCACIA BREMM will receive the NATIONAL BUSINESS HIGHLIGHT award to the BEST OF THE YEAR - Mining Legal Advisory at the 26th. edition of the award, “MARKETING & BUSINESS AWARD TO SUCCESSFUL ENTREPRENEURS”
The CFEM on civil construction aggregates becomes 1.5%
Unconstitutional of the provisional measure that increased the CFEM rate.
Changes in the regulatory framework of the mining sector
ADVOCACIA BREMM - new partner office in the State of ESPÍRITO SANTO, in the city of Colatina. The office will provide better logistics and faster service to clients in the mining segments.
Advocacia Bremm was invited by Top International Business Magazine to receive the trophy - The Winner 2017, the ceremony will be held at Maksoud Plaza São Paulo-SP on July 7th 2017 - _cc781905-5cde- 3194-bb3b-136bad5cf58d_ Friday at 1:30 pm.
The Federal Regional Court -TRF, in a judgment held in June of 2017, confirmed the thesis of Advocacia Bremm of the nullity of the DNPM's decision to convert coordinates of the area granted in SAD-69 coordinates, such as the rectification of other research permits and mining ordinance.
In March 2017 a Advocacia Bremm, was hired by a Canadian company to provide mining legal advice on the acquisition of mining bonds, with the implementation of the project in Brazil.
At Dr. Valmor Bremm, on 10/27/2016, attended a meeting at the headquarters of Eternit and SAMA SA to address relevant mining issues.
ADVOCACIA BREMM has been developing the thesis of non-levy of ITR on area destined for mining activity.
Advocacia Bremm answers the question of a mining company through an opinion - Exploitation (mining) occurs in a given municipality and processing in another, how is the ICMS (added value) and CFEM?
The Doctor. Valmor Bremm on July 22, 2016, ministered at Bourbon – Convention Hotel – Curitiba-PR the I SEMINAR – current issues about CFEM.
The Federal Court recognized the thesis of ADVOCACIA BREMM, which does not apply FINANCIAL COMPENSATION FOR THE EXPLORATION OF MINERAL RESOURCES - CFEM, in the calcination of Magnesite (magnesium carbonate) which is transformed into Magnesium Oxide (MgO) or Sinters M10, M20 and M30 - Example the Refractory.
The Federal Court recognized the thesis of ADVOCACIA BREMM, which does not apply the FINANCIAL COMPENSATION FOR THE EXPLORATION OF MINERAL RESOURCES - CFEM, in the trade of limestone subjected to calcination.
The report by journalist Donna Bowater of the Sunday Telegraph (London) was published on 11/21/2015, which refers to the interview given by Dr. Valmor Bremm to the journalist.
The Labor Court of Rio de Janeiro-RJ, in a decision published on 11-19-2015, accepted the request made by ADVOCACIA BREMM and admitted the participation of a union representing mining workers in the amicus curiae capacity, in the action the Ministry Public of Work, asks for the ban on the use of a certain mineral good.
In a judgment of November 2015, the Federal Court judge dismissed the action in which the Federal Government sought compensation for usurpation of mineral assets - basalt/crushed stone, carried out by a mining company, on the grounds that the Federal Government is owed the CFEM
ADVOCACIA BREMM, was the only law firm in Paraná to participate in the 16th Brazilian Mining Congress in BH - MG.
ADVOCACIA BREMM, received the title of CITIZEN company, from the Rotary Club of Paraíso do Norte-PR – District 4630.
The Federal Judge of the 17th FEDERAL COURT -DF, upheld the action of COOPERATIVA CGA DA BAHIA, the cooperative questioned the validity of Ordinance MME 480/2009, which revoked Ordinance MME n. 119/1978, extinguishing the Garimpeira de Esmeralda de Carnaibá - Bahia Reserve, the largest emerald reserve in Brazil, with the judgment proceeding from the action, the judge annulled the MME Ordinance 480/2009 and re-established the MME Ordinance n. 119/78, accepting the thesis of ADVOCACIA BREMM.
The Federal Regional Court confirmed that assets cannot be blocked in a Public Civil Action – by clandestine mining.
In a judgment held in October 2014, the Superior Court of Justice – STJ – confirms the thesis of ADVOCACIA BREMM that the CFEM collection proceedings initiated in 2009 are null and void.
In a judgment also held in October 2014, the Superior Court of Justice - STJ - confirms the thesis of ADVOCACIA BREMM that the Regional Council of Chemistry is not competent to increase, by means of an ordinance, the value of the annuity and in which ethanol production unit is located. linked to said council.
Another preliminary injunction with the Federal Court recognizing the nullity of the DNPM's decision to convert coordinates of the granted area into SAD-69 coordinates, such as the rectification of the other research permits
ADVOCACIA BREMM , obtained another sentence from the Federal Court of São Luis in the State of Maranhão, determining that the DNPM-MA of agility in the analysis and decision of the mining administrative processes, as it recognized the nullity of the subpoena made solely and exclusively by the official gazette.
The Doctor. Valmor Bremm, gave the Keynote Lecture in Palmas-To - at CONTEM - Tocantins Congress of Engineering and Mining - www.contem2014.com, on CFEM and its regulation.
ADVOCACIA BREMM, completed legal advice on the acquisition of a gold mining enterprise in MT.
On 02/22/2014, Dr. Valmor Bremm, was in a meeting with SAMA – Minerações Associadas and Eternit SA, in São Paulo – SP.
The Doctor. Valmor Bremm on 09/23/2013, assumed the presidency of the INSTITUTE OF MINING RIGHTS OF THE SOUTH REGION AND MERCOSUR IDMSM. www.direitominerarios.com.br
The extraction of sand or clay, as a general rule for the licensing of this activity and competence.
The simple legal framework of the administrative infraction.
The rejection of the plan and the Mining Code.
The Mining Code contains its own appeal regime.
The Procedures Manual for Collection and Collection of Financial Compensation for the Exploration of Mineral Resources (CFEM).
MINING SERVICING .
The area is considered free when.
Income from the occupation of the land.
DEFENSE - Fine Annual Fee per Hectare.
Annual Rate per Hectare.
DNPM and the Official Gazette of the Union.
The illegality of the imposition of fines by the DNPM.
The cancellation of mining title.
The CFEM and the registration of the assignment of Mining Rights.
Who can acquire Mining titles?
A Participation of the landowner in the mining results.
Expropriation of an area with a vocation for mining.
Forged Final Research Report.
Mining Licensing and the possibility of rectifying the registration.
Does clandestine mining carried out by third parties other than the holder of the mining title generate the right to the miner to be compensated?
Legal nature of the research authorization.
nullity of the decision of the decision denying approval of the final research report .
CFEM, TAH and fines, prescription.
Direct or indirect expropriation and mining.
Public civil action for clandestine mining.