The Attorney General’s Office (PGR) defended the overthrow of the presumption of legality and the “good faith” of the buyer regarding the origin of the gold sold in the country. The manifestation was sent to the Federal Supreme Court (STF) this Tuesday (4), in a lawsuit that discusses norms for the purchase of metal produced in mining areas.
The document was signed by the Attorney General of the Republic, Augusto Aras.
The lawsuit was filed by the Green Party, against an excerpt from a 2013 law. The norm defines rules to guarantee the regularity in the commercialization of other produced in mining. According to the caption, the legislation reduces the liability of Dealers of Titles and Real Estate Securities (DTVMs) in case of irregularly extracted gold.
The distributors are institutions authorized by the Central Bank to buy and resell gold.
For the PGR, the current scenario of the sector is one of “poor protection” and the questioned norm aggravates the situation.
“The DTVMs, as institutions authorized to participate in the sale of gold, must have obligations and be committed to the legality of the operation, whether in terms of its fiscal aspect, or in relation to the socio-environmental impacts that an illegal mining activity, in prohibited area and by people without the respective authorization, generates”, said Aras.
The attorney general cited the humanitarian crisis experienced by the Yanomamis in Roraima as a “consequence of a set of factors that certainly include illegal prospecting activity and other illicit practices in areas occupied by indigenous peoples”.
The questioned section of the law reads as follows: “The legality of the gold acquired and the good faith of the acquiring legal entity are presumed when the information mentioned in this article, provided by the seller, is duly filed at the headquarters of the institution legally authorized to carry out the buy gold”.
For Aras, the device is insufficient to guarantee control over the regularity of gold mining in the country.
“The mere registration of the seller’s identification data and the information that he himself provides to the purchasing institution – related to the supposed origin of the gold, with the identification of the mining area and the process number and the authorization for extraction -, if filed without any serious check on its veracity and legitimacy, as authorized by the contested legislation, it will be insufficient to control the legality/regularity of the activity”, he stated.
Source: CNN Brasil
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