O âmbito do direito de uso e aproveitamento da terra das comunidades locais e seus efeitos jurídicos

Abstract

This TFC deals with the territorial limits of the Right of Use and Enjoyment of Land of Local Communities and its legal effects, the essential point of this research is associated with the area in which local Communities exercise their right to land in Mozambican territory, in essence we can verify that for Local Communities within the scope of the exercise of the DUAT provide for in article 109 CRM, the legislator limited this right by establishing in the concept of Local Communities that these are limited to lower localities or areas, as well as, when establishing the areas in which the Local Communities exercise exclusive rights, which is the case of rural areas, these delimitations have left aside the other territorial levels such as urban areas, districts and administrative posts, in this sense the Local Communities within the scope of the territorial organization occupy the lower areas which are the lower localities or areas, this facts reveals that the Local Community’s DUAT has restricted scope, differentiating itself from the other holders of the DUAT, which can enjoy this right without any territorial limitations unless there is a legal reserve or if the land has been legally assigned to another entity or person