A TEIA DO PLURALISMO JURÍDICO E AS AUTORIDADES TRADICIONAIS EM MOÇAMBIQUE

Abstract

This article discusses legal pluralism and traditional authorities in Mozambique, their origin and operationalization, in relation to the customary norms linked to traditional authorities. It also seeks to analyze the origin of traditional authorities, their legitimacy and their framing in the various governance subsystems, from the colonial period to the present day. Traditional authorities, despite their usefulness, were often relegated to the background and rescued according to the needs of current government structures. Its existence has always depended on its importance for the community and in places where the materialization of state power was deficient. In this sense, three main moments of conflict between the traditional authorities and the administrative power of the state are identified: 1) the colonial period, when the traditional authorities are seen as an alternative to the materialization of the colonizer’s objectives; 2) the post-independence period, marked by the conflict between traditional authorities and the Revolutionary State that decided to implement new structures at the local level; and 3) after decree 15/2000 that reestablishes the role of traditional authorities and, in addition, recognizes other actors as collaborators and facilitators in the implementation of state projects at the community level. The customary norms have always been considered subject to the formal norms imposed by the state, for this reason they are not binding and their interpretation is subject to the community that understands it.