Gold Traceability, Illegal Mining, and Ecological Constitutionalism: Regulatory Accountability in Direct Actions of Unconstitutionality Nos. 7273/DF and 7345/DF

This paper aims to analyze the constitutional relevance of the Brazilian Supreme Federal Court’s joint decision in Direct Actions of Unconstitutionality Nos. 7273/DF and 7345/DF, which addressed the presumption of legality of acquired gold and the good faith of purchasing legal entities under Article 39, paragraph 4, of Law No. 12,844/2013. The actions are examined together because they challenge the same statutory provision, were adjudicated jointly, and present no material divergence in the constitutional reasoning or operative relief relevant to the analytical purpose of this study. The research problem consists of determining whether a legal rule that facilitates the acquisition of gold based primarily on information provided by the seller is compatible with the constitutional duties of environmental protection, protection of Indigenous peoples, public security, and administrative efficiency. The research hypothesis is that the statutory presumption of legality constituted a deficient regulatory option, since it weakened State oversight, favored the laundering of illegally extracted gold, and compromised the constitutional duty to prevent environmental degradation. The hypothetico-deductive method is adopted, starting from the hypothesis that regulatory omissions and insufficient traceability mechanisms may generate unconstitutional environmental risks. The documentary corpus comprises the full judgments in the two actions, Article 39, paragraph 4, of Law No. 12,844/2013, and the constitutional provisions expressly mobilized in the adjudication; the materials are interpreted according to the challenged object, constitutional grounds, evidentiary premises, operative orders, and institutional duties identified by the Court. The preliminary results indicate that the Supreme Federal Court’s decision strengthens ecological constitutionalism by rejecting formal presumptions incapable of ensuring effective control over the gold supply chain. It also confirms the need for coordinated regulatory action, legal traceability, institutional accountability, and preventive mechanisms against illegal mining in protected areas and Indigenous lands.