ENTRE O SISTEMA DE JUSTIÇA TRADICIONAL EM ÁFRICA, DIREITOS HUMANOS, CONTROLE DE CONSTITUCIONALIDADE E CONVENCIONALIDADE - DOI: 10.12818/P.0304-2340.2023v83p161

Abstract

This article has as its central objective to
understand the functioning of the traditional
justice system carried out by the community
courts, which on the one hand, offers a swift,
accessible, less bureaucratic, reliable justice
that does not require exorbitant economic
costs for the rural population, especially
in countries such as Angola, Cape Verde,
Guinea-Bissau and Mozambique. However,
the procedural and material limits of some
decisions are questioned, which go beyond
the content of fundamental norms or human
rights and which, on the other hand, violate
issues concerning due process of law. In
this vein, the article seeks to intersperse
and suggest a reasonable application of the
principle of the double degree of jurisdiction
and the minimum legality control mechanism,
and constitutionality control, through an
institutional dialogue. This at the domestic
level, and the second moment, propose
conventionality control in case of omission of
the States.