The deputy tries, when it comes to the trade and transport of gold, to curb the practice of illegal trade and mineral extractivism, tightening up the legislation on the subject, as well as removing the presumption of good faith that existed until then.
Recently, the drafting of a so-called Provisional Measure “PM Gold”however, the signature of the Presidency of the Republic is awaited for its publication. When it comes to the trade and transport of gold, the aim is to curb the practice of illegal trading and mining of the mineral, by tightening up the legislation on the matter, as well as removing the presumption of good faith hitherto existing.
For a better understanding of the matter, it is contextualized, emphasizing that the well-known presumption of good faith is governed in the paragraph 4 of the art. 39 of Law 12.844/2013.
The gold was considered legal as long as the buyer had in his records the place where it was taken, very briefly, that’s what the disputed good faith consists of.
This subterfuge often served, in practice, to “heat” gold of dubious origin, thus promoting its illegal trade.
The interim measure promises to satisfy the recent understanding of the STF, which, in judging the ADI 7273 AND 7345declared paragraph 4 of the said law unconstitutional.
For the lawyer specializing in corporate and commercial law, Djeymes Bazzithis is an important measure, compared to other extractive products such as, for example, wood, the level of stringency addressed in the legislation governing the purchase, sale and transport of gold is disproportionately lower.
“I consider the edition of the Interim Measure to be beneficial and I hope that it achieves its main objective, curbing illegal gold mining, a practice that degrades nature too much. On the other hand, it is also a victory for the DTVM companies that work in compliance with the law and in respect of the sustainable development of its entire production chain”, he points out.
The lawyer concludes by saying that “it is not logical to have a presumption of legality, only having a simple declaration of origin of the gold, even more so because it is a product which, when extracted, causes innumerable damage to the environment and In fact, this is not the case with any other extractive product.”
After the publication of the MP, it will have to be voted within a maximum of 120 days to become law, otherwise it will lose its validity.
Website: http://www.bazziadvogados.com.br
Source: Terra
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