Análise hermenêutica sobre a vinculatividade da aplicação dos recursos oriundos da Compensação Financeira pela Exploração de Recursos Minerais (CFEM)

Abstract

This monograph intends an analysis regarding the treatment of resources arising from the Financial Compensation over Mineral Exploration (CFEM), under an interpretative approach, focusing on the viability of a binding clause regarding the application of such assets. Firstly, a doctrinal assessment is proposed, with emphasis on legal hermeneutics, through which the foundations for the suggested interpretation will be established. Secondly, an historical exposition will be conducted in regards to Brazilian mining activities, seeking contextualization and exposition of data concerning said enterprise over time. Subsequently, the issue will be assessed from the perspective of the constitutional protection of the environment, with special attention to the value of mineral exploration in this system. After the review over the basic aspects of the purposed study, this paper will discuss the details behind mining activities, including the legal status of the CFEM, it’s allocation and usage, as well as the viability binding the institute’s application.