A problemática do exercício da advocacia pelos magistrados no desempenho das suas funções

Abstract

Our approach in the present work begins with the introduction of the theme, then the justification, relevance, problematization, theoretical framework and the presentation of the historical aspects inherent to the emergence of advocacy, under the Greco-Roman prism. In sequence, the approach focuses on the historical review of Mozambican Law from 1975 to the approval of the 2009 EOAM. Therefore, the approach brings to the fore the etymology of the term Advocacy, which means "The summoning of someone to the defense of another, in the Court". In turn, the analysis concerning the nature of advocacy will be brought to the fore. We will also deal with the types of advocacy, namely, liberal, state-owned, combative and preventive advocacy and acts typical of this noble profession, with emphasis on the forensic mandate (Judicial Mandate) and legal consultation in a liberal regime, as well as we will talk about the incompatibilities, impediments and suspicions applicable to magistrates, as stated in paragraph 1 of article 59 of the EOAM. Finally, the conclusions, recommendations and bibliographic reference will be presented