24 de Março de 2025, O que é e o que muda com a decisão do Supremo Tribunal Federal.
On 20 March, the Federal Supreme Court (STF) made a landmark decision when it ruled that the then-current policy of good faith in the trading of gold from gold mines was unconstitutional.
The change is likely to have a major impact on the mineral value chain in Brazil - with direct effects on the economy, the environment and inspection mechanisms.
But what is the presumption of good faith anyway? What are its impacts? And what will change in practice with this decision?
The presumption of good faith set out in §Paragraph 4 of Article 39 of Law No. 12,844/2013 allowed gold buyers - especially Securities Dealers (DTVMs) - to accept the origin of the ore as lawful, based solely on the word of the prospector.
In other words, it was enough for the seller to say that the ore came from a legalised area for the transaction to go ahead, without the need for documentation or actual verification.
This logic transferred all responsibility for the origin of the gold to the prospector, leaving buyers free from inspection.
A system that, in practice, allowed illegal gold to be traded under the guise of legality.
By ignoring the entry of illegal gold into the formal market, the presumption of good faith causes instability in the country's regularised mining companies and garimpos.
These companies have faced economic targets in the face of illegal operators who don't follow environmental, tax or labour regulations and are unable to sell the mineral at lower prices.
What's more, this practice has damaged Brazil's international image, generating distrust in global markets about the origin of minerals, which affects exports and interest in investments in the sector.
At the other end of the chain, illegal gold mining has generated billions in deforestation, river pollution and human rights violations, especially in indigenous territories.
It is believed that much of the gold extracted illegally in recent years has been commercialised under the protection of the presumption of good faith.
With the STF's decision, which took on board arguments from the Attorney General's Office (AGU) and organisations such as Instituto Escolhas, the presumption of good faith was declared unconstitutional.
This means that, from now on, anyone who buys gold must prove the legality of its origin - with documents, tracking and effective due diligence.
The ruling also requires the government to adopt administrative and regulatory measures to strengthen oversight, with the direct involvement of bodies such as the National Mining Agency (ANM), the Central Bank, the Federal Revenue Service and the Federal Police.
Among the measures already in place or underway are:
Since the provisional suspension of the presumption in April 2023, the effects have been remarkable.
According to a study by the Instituto Escolhas, the registered production of our gold mines fell by 84 per cent between 2022 and 2024.
This indicates that a large part of what was registered before may have originated illegally - and that the market is already feeling the effects of the tougher rules.
In addition, the decision reinforces the country's commitment to sustainable practices, transparency in production chains and respect for the rights of traditional peoples.
The expiry of the presumption of good faith represents more than just a legal change - it is a step towards a more evolved society.
By demanding shared responsibility between sellers, buyers and public authorities, Brazil is aligning itself with the best global practices for combating illegal mining and protecting the environment.