Post by account_disabled on Mar 11, 2024 22:33:25 GMT -6
There is also something to consider regarding specific items in the bill sent by the federal government especially regarding the responsibilities of non-producing members of the gold chain. As a result of this the command of article of the original proposal appears to impose civil and criminal liability for the irregular extraction of ore on all those who issue will also be responsible for the information provided “about the gold sold and transported” and not just about the transaction itself. Thus financial institutions could be held responsible for example for information that can only be produced by the seller such as their complete data article I and VII and the origin data of the ore article II which appears to contradict the Civil Code and consumer legislation.
Specifically there are other considerations to be made which concern various themes of the norm something that should be deepened using as parameters constitutional rules and principles — such as free initiative impersonality and legality — and the legal determinations that they ensure the performance of private rights giving limits Phone Number Data and stipulating guidelines to public authorities. Certainly new interpretations will give rise to discussion which is expected to be able to improve the text and consequently the legal regime for gold produced and sold in Brazil.
In any case the rules proposed in the bill and its replacement have their own characteristics and foundations and as is well recognized interact in a positive way with the functions that the Union performs as owner of minerals extracted in national territory article caput CF and administrator of its production distribution trade and consumption article caput Mining Code as well as guardian of the rights of original peoples and the right to an ecologically balanced environment articles and CF.
From this perspective taking into account the principles of law constitutional norms and the technical and social reality of the financial active gold market and mining carried out under the mining permit regime some points of Bill No. leave the impression that the Public Power — and society if the main contours of the text are maintained — misses the opportunity to actually move towards mineral sustainability thinking of it not as an addendum to the necessary control and supervision but as a mark of the holistic understanding of the business to be carried out with Brazilian mineral and environmental heritage something that would certainly provoke a paradigm shift in national legislation on the subject.
In general the lack of this perception causes documentarybureaucratic issues to be seen as the problem while they are in fact symptoms: their flaws and difficulties only compound a complex reality which will not be resolved with simple and straightforward solutions. which must be attacked taking into account the entire socioeconomic circuit affected by mineral activity.
Specifically there are other considerations to be made which concern various themes of the norm something that should be deepened using as parameters constitutional rules and principles — such as free initiative impersonality and legality — and the legal determinations that they ensure the performance of private rights giving limits Phone Number Data and stipulating guidelines to public authorities. Certainly new interpretations will give rise to discussion which is expected to be able to improve the text and consequently the legal regime for gold produced and sold in Brazil.
In any case the rules proposed in the bill and its replacement have their own characteristics and foundations and as is well recognized interact in a positive way with the functions that the Union performs as owner of minerals extracted in national territory article caput CF and administrator of its production distribution trade and consumption article caput Mining Code as well as guardian of the rights of original peoples and the right to an ecologically balanced environment articles and CF.
From this perspective taking into account the principles of law constitutional norms and the technical and social reality of the financial active gold market and mining carried out under the mining permit regime some points of Bill No. leave the impression that the Public Power — and society if the main contours of the text are maintained — misses the opportunity to actually move towards mineral sustainability thinking of it not as an addendum to the necessary control and supervision but as a mark of the holistic understanding of the business to be carried out with Brazilian mineral and environmental heritage something that would certainly provoke a paradigm shift in national legislation on the subject.
In general the lack of this perception causes documentarybureaucratic issues to be seen as the problem while they are in fact symptoms: their flaws and difficulties only compound a complex reality which will not be resolved with simple and straightforward solutions. which must be attacked taking into account the entire socioeconomic circuit affected by mineral activity.