Do regime de incompatibilidades do presidente da República de Moçambique: um olhar critíco ao presidente da República enquanto presidente do partido

Abstract

This final course work discusses the incompatibility of the President of the Republic as president of a political party. The idea of the exercise of power being entrusted to certain groups as intermediaries of the people dates back to the most distant periods of history, in which men always sought to create certain organizations that could fight for their rights and interests and those who assumed these responsibilities committed themselves to carry them out with the greatest possible probity, this has developed to the point where Political parties have been created, such that through scrutiny they ascend to governance or legislative power. It is important to point out that government regimes are not the same all over the world, there are countries that separate the exercise of political power from Political Parties. As an example, the Mozambican Constitution already provides for a regime of incompatibility between the role of the President of the Republic and any other private functions. Article 148 of the CRM completely prohibits the possibility of the President of the Republic assuming any private functions, as an example the function of presiding over a party. From history it appears that the Mozambican Constitution tacitly enshrined the regime of compatibility between the exercise of functions of President of the Republic and the Party inherently, however, with the change in the political regime there is a change in the constitutional order, changing the compatible to the incompatible. A problem then arises, which is the fact that the President of the Republic continues to be President of a Political Party, which calls into question the constitutional precepts relating to incompatibilities of the President of the Republic.