MACRO-COMPARATIVE ANALYSIS BETWEEN MOZAMBIC AND PORTUGUESE LEGAL ORDERS

Abstract

The present work aims to carry out a comparative macro analysis between the Mozambican and
Portuguese legal system. It is a general objective to address similar and dissimilar aspects of the two orders;
specific objectives are: to verify, based on the two legal systems, the conception, the sources of Law, the
methods of interpretation and application of the norms, judicial organization; reach the sense of
jurisprudence as a source of Law; contextualize the jurisprudence, namely the existence or not of seats,
which establish the mandatory jurisprudence. The work is structured and divided into three parts, namely:
the introduction; development, which integrates the applied methodology; the theoretical framework or
bibliographic review; presentation and analysis of data; discussion of the results of the treated subject and
conclusion. The study was possible thanks to the use of bibliographical research with a qualitative focus.
We conclude with the macro comparison of the two legal systems that, in Mozambique, jurisprudence is a
source of law as in Portugal, but with its own specificity, not least because, contrary to what happens in the
Portuguese legal system, where the seats no longer apply, on the contrary, in Mozambique seats still set
doctrine with general mandatory force.