Banca de DEFESA: Charlé Isaías Mulungo

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Charlé Isaías Mulungo
DATE: 07/11/2023
TIME: 09:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWE5YTAyOWUtN2ZmNS00MjcwLWI4ZTktMDYwNWZlNTAyY
TITLE:

Fragility and strengths of the access to justice system for the needy in Mozambique. Case study: The gratuity of justice in crimes of a private nature as an effective guarantee of access to justice, taking as an example the gratuity of justice in the Brazilian system

KEY WORDS:

Access to law and justice, gratuity of justice, needy people and courts.

PAGES: 112
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The object of our approach is the judicial protection of a fundamental right, which is the gratuity of justice as an effective guarantee of access to justice in the Mozambican legal system, taking as an example the gratuity of justice in the Brazilian system, highlighting the similarities and differences in the challenge of allowing the gratuitousness of justice to be an effective guarantee of access to justice. Access to justice is an effective legal and constitutional guarantee, in both contexts. This is a guarantee embodied in art. 35 to art. 95 of the Constitution of the Mozambican Republic and in art. 5, item XXXV, of the Brazilian Federal Constitution. Which also implies the duty of the State to provide such access. However, in Mozambique, unlike Brazil, in some cases, this access is limited, the Mozambican constitution only provides for access to the courts under art. 62 of the CRM, while our ordinary legislator in Law 24/2007 enshrines in art. 11, “access to courts and Justice”. It should be noted that the difference between art. 62 of the CRM and 11 of the Law of Judicial Organizations undertakes to prohibit the possibility of denial of justice due to insufficient resources and to ensure justice close to the citizen. Access to law and justice is a fundamental right, the limitation of this right jeopardizes the full exercise of citizenship and, consequently, of Democracy. The meaning and scope of access to law and justice must be broad, not limited to mere access to the court, without concern for the realization of a just legal order. The purpose of this study is to collect experiences of the constitutional mandate applied through Art. 98 to art. 102 of the New Code of Brazilian Civil Procedure, from which we will gather strength to recommend that the Mozambican State adopt specific constitutional mechanisms to carry out this mandate and strengthen access to this right and fundamental guarantee. And to achieve the objective of the work, we will compare access to justice in crimes of a particular nature in the legal systems of Mozambique and Brazil. In the elaboration and organization of the research work in order to reach the previously clarified objectives, we took basic research as a basis, using the scientific legal method embodied in the deepening of knowledge focused on access to justice in crimes of a particular nature in Mozambique and Brazil from a comparative perspective, aspects that obligatorily required a bibliographic review. As for the objectives, the study had an explanatory research nature in that the main objective was to explain and compare the object of the study. We propose solutions to weaknesses in access to justice in the Mozambican legal system and to improve the legal framework for this right.

COMMITTEE MEMBERS:
Externo à Instituição - ANTONIO CAETANO LOURENÇO - AAEE
Interna - 2729067 - DANIELA MARQUES DE MORAES
Externo à Instituição - DIONISIO LÁZARO POEY BARÓ - UFPA
Interno - ***.173.968-** - JOSE GERALDO DE SOUSA JUNIOR - UnB
Presidente - 1645163 - SIMONE RODRIGUES PINTO