A reversão da inibição do exercício do poder parental: uma análise do quadro jurídico Moçambicano

Abstract

This monograph addresses the reversal of the inhibition of parental authority within the Mozambican legal system, understood as the possibility of restoring to parents the right and duty to care for their children once they demonstrate the necessary conditions to do so. The research departs from the observation that, although this mechanism is legally recognized, the absence of clear criteria for its application creates legal uncertainty and often leads to inconsistent judicial decisions. The central aim was to examine how courts may assess parental capacity, the obstacles faced by legal practitioners, and the extent to which current legislation meets the requirements of the best interests of the child. To achieve this, the study employed bibliographical and documentary research methods, drawing on specialized doctrine, national and international legislation, and comparative insights from Brazil and Portugal. The analysis revealed that, despite its legal provision, the reversal of parental authority inhibition remains underexplored in Mozambique, both in legal doctrine and jurisprudence. The lack of objective parameters weakens the uniformity of decisions and undermines child protection. The dissertation concludes by advocating for legislative and institutional reinforcement so that the reversal of inhibition can be consolidated not merely as a right of parents, but as a measure of justice that values family reintegration while safeguarding the safety and well-being of the child.