A approved, this Wednesday (April 22, 2026), the text that ends the self-declaration model for the sale of gold in Brazil and establishes a mandatory traceability system for the metal. THEwhich is being analyzed by the Senate, centralizes the custody and first purchase of ore in institutions authorized by the BC (Central Bank) and imposes the physical marking of all national production.
The proposal, authored by the Executive Branch, was reported by deputy (PP-AL). The approved substitute revokes sections of Law 12,844 of 2013, which allowed distributors to accept the garimpeiro’s word as proof of legal origin. Lhere a of the substitute (PDF – 19 MB).
The new rule requires that gold be considered a financial asset or exchange instrument until its first sale, which must necessarily occur for DTVMs (Distributors of Securities and Securities).
Despite approval, the project faced resistance from opposition wings. The deputy (PL-PA) stated that the purchase restriction only for DTVMs could create a “cartel” and push gold to the foreign underground market. The deputy (Missão-SP) criticized the exclusivity of the Casa da Moeda, defending the opening of a tender for the tracking service.
For the government, the deputy (PT-DF) argued that the measure is essential to prevent the devastation of territories by criminal activities. Transporting gold outside the new standards, without registration in the system or in non-compliance with the transport guide managed by ANM (National Mining Agency), will subject the offender to immediate seizure and forfeiture of the metal in favor of the Union.
RESPONSE TO THE JUDICIARY
The legislative change is a direct response to the STF (Supreme Federal Court). In 2023, Minister Gilmar Mendes outright suspended the presumption of “good faith” in the gold trade, a decision later confirmed by the plenary. The Judiciary ordered the government to create a new inspection framework to contain the spread of illegal mining, associated with the humanitarian crisis in Yanomami territory.
According to data from the PF (Federal Police), in 2021 and 2022, 1,527 investigations into illegal extraction in protected areas were opened.
In Yanomami territory, the presence of 20,000 miners in 2023 resulted in mercury contamination and severe malnutrition of the indigenous population. Since the beginning of that year, the federal government has carried out expulsion operations and health assistance in the region.
NEW RATE
Traceability will be operated by CMB (Casa da Moeda do Brasil), responsible for physical and digital marking technology. The system will allow authenticity verification by control bodies at any stage of the production chain. To finance the operation, the project creates Touro (Transaction Registration and Physical Gold Marking Fee).
Tax payers in the sector will spend R$2.00 per transport guide issue and R$5.00 per gram of marked gold. The values will be adjusted annually by the IPCA (Broad National Consumer Price Index).
In addition to the fee, the text requires electronic invoices and prohibits people convicted of crimes such as money laundering, land grabbing or criminal organizations from occupying management positions in purchasing financial institutions.
This text was originally published by , on April 22, 2026. The content is free for republication, citing the source, it was adapted to the standard of Poder360 and received additional information.
