State capacity and mining: an analysis of the national regulatory agency

Abstract

This work analyzes the administrative capacity of the independent public entity National Mining Agency (ANM), which is responsible for regulating the Brazilian mineral policy. Documentary and qualitative bibliographic research were carried out. Different organizational indicators were collected from the consultation of official management reports, audits of accountability agencies, and reports from Parliamentary Committees. Under a scenario in which administrative capacities should be strengthened (2003-2020), the results counterintuitively demonstrated a continuous organizational weakness of the independent public entity. It is evident a situation that combines restriction of available bureaucrats, reduction in the discretionary budget, a deficit in patrimonial and mobile infrastructure, and outdated technological systems. Low autonomy in the allocation of resources was identified as one of the mechanisms that explain these weaknesses. These conditions (lack of resources and autonomy) contribute to poor public performance in the regulation of mining processes and in mining inspection and control activities, resulting in taxes loss, risks of new disasters, and the expansion of illegal mining.