15/ 47Sovereignty
Flávio wrote to the US: not signing the rare earth agreement is “hostility”
Brazil has the world’s second-largest rare earth reserves[1]. In a document to the US trade office (USTR), Flávio Bolsonaro listed Lula’s government’s failure to sign the rare earth agreement proposed by Washington as “hostility” toward the United States[2]. In Washington, after meeting Trump, he promised a “long-term strategic partnership” in the sector[1].
July 24, 2025 · Lula, in Minas Novas (MG), amid the tariff hike
We have all our gold to protect. All the valuable minerals you want are ours to protect. And nobody lays a hand on them here. This country belongs to the Brazilian people.[3]
18 Mar. 2026 · the US chargé d’affaires in Brazil
Gabriel Escobar says the US government is discussing a rare earth agreement with the Brazilian government and still awaits “a formal response”.[4]
28 Mar. 2026 · Flávio, at CPAC, in Texas
Brazil will be the battlefield where the future of the hemisphere is decided, because Brazil is the US solution to breaking dependence on China for critical minerals, especially rare earth elements.[5]
May 26, 2026 · Flávio, in Washington, after meeting Trump
Under my government, there will be a long-term strategic partnership in this sector, with protected investment and shared reindustrialization between the two countries.[1]
1 July 2026 · Flávio, to the USTR, in the annex “Public hostility toward the United States”
Unsigned rare earth treaty + TerraBras — refuses the US rare earth deal; creates a rival.[2]
16 Sept. 2026 · the critical minerals law
Lula signs Law No. 15.506, approved by the Senate in a vote without a roll call[6][7]. Rare earths become strategic minerals, and a council linked to the Presidency will be able to approve transfers of control of mining companies and international agreements in the sector[8].
These excerpts translate the published Portuguese text; they were not checked against the English original. TerraBras is a proposed state-owned rare earth company, which Lula considered and abandoned[8].
In writing
What else he offered
Flávio wrote to the USTR as a senator, opposition leader and prospective candidate, and said many of his proposals are what the current government “cannot or will not put on the table”[2]. On delays in granting patents, “especially for biopharmaceuticals”, he wrote that “the substance of the finding is fair”[2].
He offered extra patent terms to compensate for examination delays and accession to two OMPI copyright treaties, and placed the issue “among the clearest areas of convergence in the entire process”[2].
Hemisphere
The same outcomes Trump seeks
He accepted “the factual core” of the complaint against court orders to American platforms and wrote that, with the election, “the president can and should reverse” recent decrees concerning them[2]. He said Brazil seeks ways to “free itself from the constraints of Mercosul”, with Milei’s Argentina as a “useful precedent” he commits to examining and following[2].
In the conclusion, he says he seeks “the same outcomes” as the US president, including “a hemisphere closed to non-Western strategic penetration”[2]. In the same document, he asked the US not to impose tariffs on Brazil and to exclude Embraer aircraft, steel, pulp, coffee and orange juice[2].
The law
What the new law says
In September, Lula signed Law No. 15.506, approved by the Senate in a vote without a roll call[6][7]. It places rare earths among strategic minerals and creates the CIMCE, a council linked to the Presidency that will be able to approve transfers of control of mining companies and international agreements in the sector, and block what it considers a threat to sovereignty[8].
In April, before the law, the American company USA Rare Earth announced its purchase of Serra Verde, owner of the country’s only commercially operating rare earth mine, which already belonged to foreign funds. It was a deal between private companies, and the government said it had not intervened[9].
Votes
Two votes, and the next one
In 2021, then in Patriota, Flávio voted Yes on the privatization of Eletrobras, approved by 42 to 37[10]. In 2025, he voted Yes on the Reciprocity Law, which allows Brazil to respond to tariffs, approved by 70 to 0[11]. His campaign says it does not intend to privatize Petrobras[12].
Flávio criticizes what he considers excessive state intervention in the minerals sector[8]. The council that will be able to approve rare earth agreements is linked to the Presidency, and the Presidency is decided on October 25.
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References12 sources
- 01CNN Brasil · Terras raras: se eleito, Flávio diz que fará parcerias estratégicas com EUAThe world’s second-largest rare earth reserves and the “long-term strategic partnership” promised by Flávio after meeting Trump.(opens in a new tab)
- 02Gabinete do senador Flávio Bolsonaro · Comentário escrito sobre a ação proposta, processo USTR-2026-0331The annex “Public hostility toward the United States”, the offers on patents, platforms and Mercosul, “the same outcomes” sought by the US president and the request not to impose tariffs on Brazil.(opens in a new tab)
- 03SBT News · EUA mostram interesse em minerais críticos do Brasil, e Lula diz que “ninguém põe a mão” em recursos; entendaLula’s remarks in Minas Novas (MG), on July 24, 2025.(opens in a new tab)
- 04Poder360 · EUA aguardam resposta brasileira sobre acordo de terras rarasThe US chargé d’affaires says he awaits “a formal response” on the rare earth agreement.(opens in a new tab)
- 05Estado de Minas · Flávio Bolsonaro: ‘Brasil é solução para EUA ter minerais de terras raras’Flávio’s remarks at CPAC, in Texas, on 28 March 2026.(opens in a new tab)
- 06Senado Federal · PL 2780/2024 — transformado na Lei nº 15.506, de 16/09/2026The Senate’s approval and the signing of Law No. 15.506 on 16 September 2026.(opens in a new tab)
- 07Correio Braziliense · Senado aprova PL dos minerais críticos, em votação simbólicaThe Senate’s approval in a vote without a roll call, without individual votes.(opens in a new tab)
- 08O Tempo · Lula sanciona Lei dos Minerais Críticos, e terras raras viram tema de soberania nas eleições 2026What the law does and the council’s powers, TerraBras considered and abandoned by Lula and Flávio’s criticism of state intervention in the sector.(opens in a new tab)
- 09Agência Lupa · Lula não vendeu a única mineradora de terras raras do Brasil aos EUAThe purchase of Serra Verde by USA Rare Earth, between private companies, without government intervention.(opens in a new tab)
- 10Senado Federal · MPV 1031/2021 — votação nominal de 16/06/2021Flávio’s Yes vote (Patriota) on the privatization of Eletrobras, approved by 42 to 37.(opens in a new tab)
- 11Senado Federal · PL 2088/2023 — votação nominal de 01/04/2025Flávio’s Yes vote on the Reciprocity Law, approved by 70 to 0.(opens in a new tab)
- 12Poder360 · Campanha de Flávio diz que manterá Petrobras estatalThe campaign coordinator says a Flávio government does not intend to privatize Petrobras.(opens in a new tab)