Influência do direito formal sobre os sistemas normativos costumeiros de terra em Moçambique

Abstract

This paper addresses the Influence of Formal Law on Customary Land Normative Systems in Mozambique and analyzes how the coexistence of different normative systems impacts access to land management, the rights of local communities and the resolution of land conflicts. The research focuses on the interaction between formal law and the various systems of norms and customary practices that traditionally regulate land use and tenure in different regions of the country. The research adopted a qualitative approach, using literature review and documentary analysis. Legal documents, academic studies and reports from organizations active in the area of ​​land management in Mozambique were examined. In addition, practical examples were sought that illustrate the interaction between formal law and systems of norms and customary practices in the Mozambican context. The study highlights that, despite the formal recognition of customary norms and practices in Law 19/97 - Land Law (LT), in practice, in urban areas formal law has prevailed in land access and management in Mozambique. In view of this scenario, the study concludes that harmonization between formal law and customary law systems is essential to ensure fairer and more inclusive land management. It is recommended that community consultation mechanisms be strengthened; that customary law normative systems be effectively recognized; that strategies be created to ensure greater legal certainty for communities that access land through customary norms through institutionalized mechanisms of collaboration between systems; and finally, that systems be established that integrate traditional and formal practices in the resolution of land disputes, promoting fair and culturally sensitive solutions(TRADUÇÃO NOSSA)