A penhora de bens no processo executivo Moçambicano: limites e garantias do devedor

Abstract

This study focuses on the examination of the seizure of assets in the Mozambican enforcement procedure, analyzing its legal and constitutional limits as well as the guarantees provided to the debtor. Based on the principle of patrimonial responsibility, enshrined in Article 601 of the Mozambican Civil Code, the research seeks to understand how the seizure, as a central act of enforcement, contributes to the realization of the creditor’s rights without compromising the legal protection and dignity of the debtor. The study adopts a qualitative approach, employing the legal-dogmatic method and the comparative method, focusing on Mozambican legislation, namely the Constitution, the Civil Procedure Code, and the Civil Code, as well as relevant Mozambican and Portuguese doctrine. The analysis shows that, although the Mozambican legal system provides limits to seizure and general mechanisms for the debtor’s defense, such as objections and procedural appeals, the absence of autonomous and specific means to challenge seizures may weaken effective protection against disproportionate enforcement acts. It is concluded that the consistent application of the principles of proportionality, reasonableness, and human dignity is essential for the construction of a fairer and more balanced enforcement procedure, and that improving the legal framework governing seizure in Mozambican law is recommended.