A independência do poder judicial em Moçambique

Abstract

For a State to be called a Democratic State governed by the rule of law, the effective and adequate fulfillment of the Principle of Separation and Interdependence of Powers is a conditio sine qua non. This topic is quite important, with political and social relevance, as it discusses the legal approach to the independence of the judiciary in Mozambique when appointing magistrates (presiding judges) by the President of the Republic. Therefore, an analysis will be made of the limitations and obstacles that compromise the independence of the judiciary in Mozambique. Essentially, we were able to ascertain that, with regard to the appointment of magistrates foreseen in subparagraphs g) and h) of Article 158 of the Constitution of the Republic of Mozambique, it may jeopardize the autonomy of the judicial power in Mozambique, insofar as the Head of State, who is also the Head of Government, by appointing magistrates in accordance with the aforementioned article, raises growing concerns about a possible promiscuity between Political Power and Judicial Power in the Mozambican legal system, which directly or indirectly allows for the weakening of the principle of separation of powers and the compromise of impartiality and public trust in the Mozambican justice system. In this sense, analyzing the independence of the judicial power is essential to identify and understand the obstacles to the consolidation of a Democratic Rule of Law in our legal system, because only with a judicial power free from external pressures will it be possible to guarantee true social justice.