Presidential Decrees Exacerbate the Contradiction in Mining Regulations at the Expense of the Environment

The report examines the regulatory gap between industrial mining and 'garimpeiro' (artisanal) mining in Brazil, specifically focusing on how cooperatives exploit legal protections meant for low-income individuals. It argues that Presidential Decrees 10,965/2022 and 10,966/2022 further incentivize this by simplifying licensing and providing support programs for small-scale mining without restricting the size or nature of the activity. Data shows that some garimpeiro cooperatives in the Amazon hold larger active mining areas than the industrial giant Vale, suggesting that these entities operate at an industrial scale while avoiding the strict preliminary research and environmental requirements of mining concessions.

• Presidential Decrees no. 10,965/2022 and no. 10,966/2022, issued in February 2022, increase the benefits for garimpeiro operations by establishing simplified licensing for small businesses and creating the Support Program for the Development of Artisanal and Small-Scale Mining (Pró-Mape).
• There is a significant regulatory contradiction where garimpeiro cooperatives, which often use industrial technology and machinery, benefit from a simpler bureaucratic process and the absence of preliminary mineral research required for industrial mining concessions.
• Data indicates that garimpeiro cooperatives in the Amazon are operating on an industrial scale; seven of the ten largest gold-mining sites with permits or concessions are operated by cooperatives, and three individual cooperatives hold larger active mining areas than the company Vale.
• Garimpeiro cooperatives show a higher concentration of land ownership than industrial mining companies, with 57 cooperatives holding over 790,800 hectares under PLG permits, compared to 51 mining companies holding approximately 334,800 hectares under concessions.
• The legal definition of garimpeiro mining is outdated, relying on a 1934 concept of a vulnerable worker using rudimentary tools like pickaxes, which fails to account for the current reality of highly capitalized cooperatives.
• The report recommends the immediate revocation of Decrees no. 10,965/2022 and no. 10,966/2022 and suggests that Bill 37/2011 in the National Congress could help resolve these contradictions through a new mining code and updated socio-environmental guidelines.

APA

Cozendey, G., Pereira, L., Pucci, R., & Chiavari, J. (2022). Presidential Decrees Exacerbate the Contradiction in Mining Regulations at the Expense of the Environment. Climate Policy Initiative. https://www.climatepolicyinitiative.org/wp-content/uploads/2022/04/INS-Garimpo-EN-1.pdf

Chicago

Cozendey, Gabriel, Leila Pereira, Rafael Pucci, and Joana Chiavari. Presidential Decrees Exacerbate the Contradiction in Mining Regulations at the Expense of the Environment. Climate Policy Initiative, 2022. https://www.climatepolicyinitiative.org/wp-content/uploads/2022/04/INS-Garimpo-EN-1.pdf.

Wikipedia

{{cite report |last1=Cozendey |first1=Gabriel |last2=Pereira |first2=Leila |last3=Pucci |first3=Rafael |last4=Chiavari |first4=Joana |title=Presidential Decrees Exacerbate the Contradiction in Mining Regulations at the Expense of the Environment |publisher=Climate Policy Initiative |date=June 2022 |url=https://www.climatepolicyinitiative.org/wp-content/uploads/2022/04/INS-Garimpo-EN-1.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{cozendey2022presidential, author = {Cozendey, Gabriel and Pereira, Leila and Pucci, Rafael and Chiavari, Joana}, title = {{Presidential Decrees Exacerbate the Contradiction in Mining Regulations at the Expense of the Environment}}, institution = {Climate Policy Initiative}, year = {2022}, month = jun, url = {https://www.climatepolicyinitiative.org/wp-content/uploads/2022/04/INS-Garimpo-EN-1.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }