Minister Gilmar Mendes had complied with the injunction made by the PSB and suspended an excerpt from Law 12,844 of 2013, a rule dealing with the issue
Unanimously, the (Supreme Federal Court) confirmed on Friday (21.mar.2025) the unconstitutionality of the law that authorized the origin of gold marketed in the country to be attested by the metal seller. The mechanism is called the Golden Seller’s good faith.
In April 2023, Minister Gilmar Mendes complied with the injunction made by the PSB and suspended an excerpt from the norm that deals with the issue.
Last week, the Court started to analyze the case definitively in a virtual session of the plenary. By 11 votes to 0, the plenary finished the trial and followed the rapporteur’s vote against the certificate of good faith of the origin of the gold.
The ministers voted in this regard Alexandre de Moraes, Dias Toffoli, Flávio Dino, Cristiano Zanin, Carmen Lúcia, André Mendonça, Edson Fachin, Nunes Marques, Luiz Fux e LUÍS ROBERTO BARROSO.
Understand
The PSB questioned the legality of article 39 of Law 12,844 of 2013, a rule that defined the proof of regularity in the purchase and sale of gold.
The device established the presumption of legality of origin for those who sell and good faith for those who buy the metal. Thus, the legality of the origin of gold is attested based on the information provided by the seller.
With the STF’s decision, the legality of trade must be accompanied by DTVMs (securities and securities distributors), asset brokerages authorized by the gold trade.
With information from.
