A vida e os costumes desonrosos como fundamento para o divórcio litigioso: análise da alínea c) do n.1, do artigo 186, da lei 22/2019 de 11 de Dezembro de 2019 e seus efeitos nas relações familiares e patrimoniais

Abstract

This paper analyzes dishonorable life and customs as grounds for contested divorce in Mozambique, based on Article 186, paragraph 1, item c) of the Family Law. To this end, the legislative evolution is addressed, from the 1966 Civil Code, which did not provide for such grounds, to Law 10/2004 and Law 22/2019, which expressly include them. The grounds for contested divorce are set forth in Article 186 of the Family Law, which ad- dresses the grounds for the contentious separation of persons and property. It is applicable to contested divorce by virtue of the reference in Article 200, paragraph 5, of the same law. It is a mixed system that encompasses grounds based on the fault of one or both spouses, as well as grounds based on the breakdown of the marital union. This group includes the grounds referring to the "dishonorable life and customs of the other spouse". The research shows that this basis is vague and subjective, as the law does not clearly define what consti- tutes dishonorable conduct. Interpretation depends on the discretion of judges, which com- promises legal certainty and can lead to injustice. The study highlights the need for legal clarification, a better definition of dishonorable conduct, and greater uniformity in judicial application. It also compares the systems of other countries (Portugal, Angola, and Brazil), where the no-fault divorce model is more prevalent, and anticipates future reforms in Mozambique.