Da competência para a criação de institutos públicos no ordenamento jurídico moçambicano: uma apreciação crítica aos institutos públicos criados pela Assembleia da República

Abstract

This work is entitled: “From the competence for the creation of Public Institutes in the Mozambican Legal System: a critical assessment of the Public Institutes created by the Assembly of the Republic”. The same was carried out as part of the culmination of the Law Degree course at Eduardo Mondlane University and its general objective is: “to critically analyze the Institutes created by the Assembly of the Republic”, from where we seek to present our arguments based on the perspective that only the Council of Ministers (Government) is the only entity under the law with competence to create these public entities. Thus, we are of the understanding that the Assembly of the Republic, by usurping a competence of the Council of Ministers, not only violates the law, but also violates the principle according to which: “power brakes power” or the so-called “check and balance ”, commonly used in social and legal sciences, in matters relating to Constitutional Law, Political Science, State Theory and Administrative Law.