Responsabilidade civil pelos bens públicos e privados destruídos no âmbito das manifestações pós-eleitorais, caso da cidade e província de Maputo - 2024

Abstract

This monograph, entitled “Civil Liability for Damage to Public and Private Property Arising from Post-Electoral Demonstrations: The Case of the City and Province of Maputo – 2024”, presents a study that examines the post-electoral demonstrations (following the presidential elections) and their consequences within the framework of a Democratic Rule of Law in Mozambique, which occurred in the days preceding and following the announcement of the results by the National Electoral Commission, later confirmed by the Constitutional Council of Mozambique, proclaiming Daniel Chapo and FRELIMO as the victors. From the study conducted, it is concluded that the law regulating freedom of assembly and demonstration in Mozambique merely establishes legal limits without specifying the sanctions applicable to those who violate such limits, which poses substantive legal challenges. However, these challenges do not constitute grounds to obstruct the administration of justice. Accordingly, liability for the damages resulting from the 2024 post-electoral demonstrations may be attributed to the demonstrators, the former presidential candidate Venâncio Mondlane, and the Police of the Republic of Mozambique, all of whom shall be held jointly and severally liable.