Is Metal Detecting in Public Parks Legal in Brazil After the 2026 Policy Reforms?

It is strictly regulated.

Metal detecting in Brazilian public parks is prohibited under federal environmental law (Law No. 9.605/1998) and municipal ordinances, with enforcement by ICMBio and local environmental agencies. Exceptions require prior authorization from the park’s managing authority, typically the Chico Mendes Institute (ICMBio) for federal parks or state environmental bodies for others. Violations may result in fines up to R$50 million or criminal charges under the Environmental Crimes Act.


Key Regulations for Metal Detecting in Public Parks in Brazil

  • Federal Prohibition: Law No. 9.605/1998 (Environmental Crimes Act) bans unauthorized removal of archaeological or cultural artifacts, including those found via metal detecting, in protected areas. ICMBio oversees federal parks and reserves.
  • Municipal Variability: Local governments (e.g., São Paulo’s Municipal Decree 58.100/2018) impose additional restrictions, often requiring permits for any ground disturbance, even for recreational purposes.
  • Cultural Heritage Protection: The 2026 National Archaeological Heritage Policy (Portaria IPHAN 1/2026) mandates that all metal detecting in public spaces must align with IPHAN’s heritage preservation guidelines, with penalties for non-compliance.