Evolução da política nacional de segurança de barragens: avanços, desafios, oportunidades e sua aplicação para as barragens de rejeitos de mineração em Minas Gerais

Abstract

This study aims to analyze the evolution of the Brazilian National Dam Safety Policy (Política Nacional de Segurança de Barragens – PNSB), with an emphasis on the changes introduced by Law No. 14,066/2020 and their impacts on mining tailings dams in Minas Gerais. Specifically, it seeks to: (i) compare the legal provisions of Laws No. 12,334/2010 and No. 14,066/2020, highlighting advances and gaps; (ii) assess the alignment of Brazilian legislation with international standards, such as the Global Industry Standard on Tailings Management (GISTM); and (iii) evaluate the progress of the decharacterization of upstream-built dams in accordance with the deadlines established by current legislation.The methodology consisted of a documentary analysis of legal frameworks, institutional reports (such as SIGBM and SNISB), and international guidelines. Key legislative changes were identified and compared, and data were collected on the progress of decharacterization efforts in the state of Minas Gerais.The results indicate significant improvements in the regulatory framework, such as the adoption of stricter criteria for risk and potential damage classification, the requirement of early warning systems, the prohibition of upstream construction methods, and the strengthening of legal responsibilities of dam operators. However, major challenges remain regarding enforcement, compliance with deadlines, and the effective implementation of the new provisions, particularly in Minas Gerais, which accounts for the highest number of tailings dams.It is concluded that the recent legal reforms represent an important step toward dam safety in Brazil. Nevertheless, strengthening governance mechanisms, regulatory oversight, and public participation remains essential to ensure the full effectiveness of the PNSB and prevent future socio environmental disasters.