Regulação do poder parental no contexto do crime de violência doméstica em Moçambique

Abstract

This paper analyzes the Regulation of Parental Authority in Mozambique, with a special focus on cases involving domestic violence. It starts from the understanding that the exercise of parental authority must always be subordinated to the principle of the best interests of the child, with reference to the current Family Law, examining how this constitutional principle is ensured. According to paragraph 1 of Article 47 of the Constitution of the Republic of Mozambique, Children have the right to protection and the care necessary for their well-being. On the other hand, domestic violence, although punishable as a crime, also presents a challenging paradox in the exercise of parental authority in Family Law, mainly due to the increasing conflicts between spouses, which result in collateral and sometimes irreparable damage to the lives of children. The role of the Public Prosecutor's Office and the Juvenile Court is highlighted as crucial in protecting children's rights in contexts of domestic violence. The study explores how intra-family violence directly affects the emotional, psychological, and physical development of minors, potentially justifying the* limitation, suspension, or loss of parental authority by the aggressor. It also discusses the severe consequences for the relationship between the parents and the child, and how parental authority should be regulated, defending a legal approach centered on the physical and emotional family environment, where child education and protection go beyond conventional limits. Based on bibliographic, legislative research and critical analysis of Mozambican judicial practice, it concludes that, although the legal system provides mechanisms for child protection, challenges still persist regarding the effective application of the law, particularly in terms of speed and sensitivity of judicial decisions.