The mining sector is a strategic segment of Brazil's economy. However, given
that it is based on the exploration of finite resources and its operation generates waste,
it is not considered a sustainable activity in its essence. Many mining sites contain
tailing dams, and recent accidents resulting from the rupture of these structures have
triggered concerns about their safety. This study provides an analysis of the current
legal framework that served as the foundation for the Classification of Risk Category
(CRI) and the Potential Associated Damage (DPA) of the tailing dam of Territorial São
Paulo Mineração Ltda, a mining enterprise that produces stone gravel in the city of
São Paulo, SP. This work also presents a critical analises of four excerpts of the legal
acts, that lead to two main results: the need to refine the classification regarding CRI
and DPA and the urgency of more active participation by Agência Nacional de
Mineração - ANM when it comes to the safety of dams. The conclusion of this
monograph proposes a future study to readjust the current system of classification of
dams in terms of CRI and DPA, with the measurement of the most relevant
parameters and attribution of levels of importance that reflect this hierarchy,
considering the existence of structures that have distinct characteristics.
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