Relação entre o direito formal e os direitos costumeiros: representações e práticas do casamento entre os tongas do distrito de Guro

Abstract

This study focuses on legal anthropology, specifically the relationship established between the various rights, known that sociological diversity corresponds to legal plurality,. Although historically, many countries have adopted foreign laws and constitutions to regulate intra-state relations, this has not prevented the fact that local systems of law remain alive and well within these contexts. In making this digression through the various productions made in this field, we confront the coexistence of several rights in Mozambique and, from the analysis of the practice of Tonga marriage, we show that there is a discontinuity between the ideals of positive law and those of customary law. Finally, we note that cultural diversity should correspond to the recognition of difference in the public space and that this is the dynamics of social life. Thus, legal pluralism is a fact and a reality.