The plenary of the Federal Supreme Court (STF) formed a majority today (29) for maintaining an injunction (provisional decision) by Minister Gilmar Mendes that suspended the so-called presumption of good faith for gold, in which the legality of the metal is presumed by the buyer based on only on information provided by the seller.
By majority vote, the determination is also maintained for the federal government to adopt in 90 days a new normative framework for the inspection of the gold trade, “especially regarding the verification of the legal origin” of the metal, says the decision.
Related news:
Mendes is the rapporteur for at least three lawsuits on the subject, filed by PV, Rede Sustentabilidade and PSB, which were filed after the repercussions of the humanitarian crisis caused by the invasion of prospectors in the Yanomami Indigenous Land.
In the actions, the parties claimed that the good faith of gold, by removing the responsibility of the buyer and seller to prove the legality of the metal, encourages illegal trade and inspection, which favors the environmental and social degradation of exploration sites.
Urgency
Gilmar Mendes agreed with the arguments and justified the urgency of the injunction (provisional decision) in view of the environmental and humanitarian damage and the increase in generalized criminality caused by illegal mining.
“It is necessary that this spurious consortium, formed between illegal mining and criminal organizations, be paralyzed as soon as possible. The provision of a precautionary measure, by the Federal Supreme Court, is the appropriate and necessary means for this”, wrote the minister.
So far, the rapporteur’s injunction has been countersigned by Justices Cármen Lúcia, Edson Fachin, Dias Toffoli, Rosa Weber and Alexandre de Moraes. The rest have not yet voted. The case is judged in the virtual plenary, where votes are deposited electronically, without in-person deliberation.
The trial session is expected to last until next Tuesday (5). The decision of the majority must prevail if there is no request for review (more time for analysis) or for highlighting, which is the submission of the topic for face-to-face analysis, with the resumption of voting.
After Gilmar Mendes’ decision, the government began drafting a Provisional Measure to modify the legal framework for gold exploration in the country. work was completed this week and the so-called MP do Ouro has already been signed by the Minister of Justice and Public Security, Flávio Dino.
#Gold #trade #majority #STF #votes #suspend #presumed #good #faith #ISTOÉ #DINHEIRO