Bruno Calfat Advogados secured a favorable decision for mining company before the 3rd Panel of the Federal Court of Appeals for the 6th Region (TRF6) in an interlocutory appeal challenging a first instance ruling that had denied a request for preliminary injunctive relief filed by another company in the mining sector.
In the underlying action, the mining company sought the granting of urgent injunctive relief to suspend the effects of a rectification of mining areas carried out by the National Mining Agency (ANM). This rectification resulted in a reduction of the area available for mineral exploration by the plaintiff, due to the overlapping with priority areas held by the defendant mining company, represented by the firm.
By upholding the denial of the preliminary injunction, the TRF6 ruled that “[p]rovisional relief in mining matters cannot be granted in the absence of legal plausibility of the asserted right, especially when further evidentiary proceedings are necessary.” The Court also emphasized that “[t]he administrative act of reducing the polygonal area issued by the ANM carries a presumption of legitimacy, and its suspension requires strong evidence of illegality or abuse of power, which is not present at this summary stage of proceedings.”