Análise crítica da fiscalização das barragens de mineração no Brasil: um estudo comparativo com o modelo canadense da Columbia Britânica.

Abstract

The difficulties and challenges of dam inspection in Brazil derive mainly from the recent process of implementation of Law No. 12,334 of the National Policy on Dam Safety. This research aims to contribute to this law, from the critical analysis of the aspects of the law related to the inspection of mining dams in Brazil, comparing with the Canadian regulation and practice of the province of British Columbia. All the dam safety inspection standards adopted by the National Mining Agency, responsible for the regulation and inspection of the project, construction, operation and maintenance of dams and emergency preparedness will be reviewed. The work carried out an extensive bibliographical research and comparative analysis of the current Brazilian and Canadian regulatory frameworks. In the case of Brazilian regulations, the survey reviewed not only the text of Law 12.334 but also ANM Ordinance No. 70.389 / 2017 of ANM that regulates the subject. In the case of Canada, the Dams Safety standard and the British Columbia Provincial Water Act were revised, the main guidelines and protocols of the Canadian Bar Association (CDA) and the Canadian Mining Association (MAC). Similarities were observed between the regulatory frameworks and some differences were also identified in the comparative analysis and at the conclusion of the research. The positive points and opportunities for improvement of both regulatory and practical milestones are summarized. The participation and contribution of professional associations in promoting and developing the safety standards of the mining industry in Canadá could not be dissociated from this research in view of the relevance of its technical contribution to the sector