O system[19] Cape Verde's legal system is a reflection of its colonial history and the legal influences that have shaped the country over the years. As an island nation located off the west coast of Africa, Cape Verde has adopted a legal system that combines elements of the civil law[11]This system was inherited from Portugal, with local rules and practices. This system is characterised by an organised judicial structure, made up of courts of different levels, and a set of laws that regulate social, economic and social life. politics[15] of the country.
A Constitution[12] The Constitution of Cape Verde, promulgated in 1992 and revised in 2010, is the fundamental document that establishes the basic principles of the country's legal system. It guarantees the separation of powers between the executive, the legislature and the judiciary, ensuring the independence of the courts. For more details on the Constitution of Cape Verde, you can consult the official website of the Government of Cape Verde.
The Cape Verdean judicial system is made up of courts of first instance, courts of appeal and the Supreme Court. Court[20] of Justice[21]This is the highest court in the country. Each court has jurisdiction[13] The organisation and functioning of the courts is governed by specific laws that guarantee efficiency and the ability to judge different types of cases, from civil and criminal matters to administrative disputes. The organisation and functioning of the courts are governed by specific laws that guarantee the efficiency and transparency of the process. legal proceedings[5].
In addition, Cape Verde has made efforts to modernise and digitise its legal system in order to increase the accessibility and efficiency of judicial services. Initiatives such as the implementation of electronic case management systems have been promoted to facilitate access to justice and reduce procedural delays. More information on these initiatives can be found at Cape Verde Ministry of Justice website.
To sum up, Cape Verde's legal system is an example of how a country can integrate different legal traditions to create a system that meets its specific needs, promoting justice and the rule of law. rule of law[6].
Index
Cape Verde's legal system is structured into different levels of courts, each with specific competences. The judicial system is made up of courts of first instance, courts of second instance and the Supreme Court of Justice. The courts of first instance include the district courts, which deal with the majority of civil and criminal cases. The courts of second instance, known as the Courts of Appeal, are responsible for judging appeals against decisions of the courts of first instance. The Supreme Court of Justice is the highest judicial body in the country, responsible for ensuring the uniformity of the law. jurisprudence[7] and decide on questions of constitutionality (website url).
The Public Prosecutor's Office in Cape Verde plays a crucial role in administration[8] of justice. It is an independent body responsible for promoting criminal prosecution and defending the interests of the public. State[23] and citizens. The Attorney General leads the Public Prosecutor's Office and is appointed by the President of the Republic, on the recommendation of the Superior Council of the Judiciary. The Public Prosecutor's Office has a duty to ensure that the law[24] is applied in a fair and equitable manner, acting in criminal and civil cases, as well as in matters of public interest[3] (website url).
The Cape Verde Bar Association is the organisation that regulates the profession of lawyer. lawyer[25] in the country. The Bar Association is responsible for ensuring that lawyers act in accordance with ethical and legal principles, promoting justice and the defence of citizens' rights. Membership of the Bar is compulsory in order to practise law. advocacy[16]The organisation provides ongoing training and support for its members. The Bar Association also plays an important role in representing lawyers' interests before the government and other institutions (website url).
Cape Verde has a system of constitutional justice that guarantees the protection of its citizens. fundamental rights[2] of citizens. The Constitutional Court is responsible for judging questions of constitutionality, ensuring that laws and normative acts comply with the Constitution. This court also has the power to resolve conflicts of jurisdiction between sovereign bodies and to assess the constitutionality of referendums and elections. The Constitutional Court is made up of judges appointed by the President of the Republic, by the Assembly[17] and the Superior Council of the Judiciary (website url).
Access to justice in Cape Verde is a fundamental principle guaranteed by the Constitution. The legal system seeks to ensure that all citizens have the possibility of claiming their rights and seeking legal redress. To this end, there are free legal aid mechanisms for people on low incomes, provided by the state and non-governmental organisations. In addition, efforts have been made to modernise the judicial system, with the implementation of technologies aimed at speeding up judicial processes and improving the efficiency of the courts (website url).
This structure of Cape Verde's legal system reflects a commitment to justice, fairness and the protection of citizens' rights, always striving for continuous improvement and adaptation to the needs of society. society[18].
The principle of legality is one of the pillars of Cape Verde's legal system, ensuring that all actions by the state and individuals are in accordance with the law. This principle is fundamental to guaranteeing predictability and legal certainty, allowing citizens to know what their rights and duties are. In Cape Verde, legality is a constitutional principle that permeates the entire legal system. legal system[4]from the drafting of laws to their application by the courts (website url).
The principle of equality is enshrined in the Constitution of Cape Verde, ensuring that all citizens are equal before the law, without discrimination of any kind. This principle is essential for promoting social justice and ensuring that all individuals have equal access to rights and opportunities. Equality is applied in various areas of law, including the criminal law[14]It is a fundamental criterion in the drafting and interpretation of laws (website url).
Justice is a central value in Cape Verde's legal system, guiding the application of laws and the actions of the courts. This principle seeks to ensure that judicial decisions are fair and equitable, respecting the fundamental rights of individuals and promoting the common good. Justice is a dynamic concept that adapts to social and cultural changes and is constantly reinforced through legislative and judicial reforms aimed at improving access to justice and the efficiency of the judicial system (website url).
The principle of proportionality is applied in Cape Verde as a mechanism for controlling the actions of the state, ensuring that the measures adopted are appropriate, necessary and proportionate to the objectives pursued. This principle is particularly relevant in cases of restriction of fundamental rights, where a balance is required between the public interest and individual rights. Proportionality is often used by the courts to assess the constitutionality of laws and administrative acts, ensuring that there are no excesses or abuses of power (website url).
The principle of good faith is an essential element in legal relations in Cape Verde, promoting trust and loyalty between the parties. This principle is applied both in private law[9] as in public law[10]It also requires the parties to act honestly and transparently in their interactions. Good faith is an important criterion in the interpretation of contracts and the resolution of conflicts, and is frequently invoked by the courts to ensure that obligations are fulfilled in a fair and equitable manner (website url).
These fundamental principles form the basis of Cape Verde's legal system, guiding the drafting, interpretation and application of laws and ensuring the protection of citizens' rights. Each principle plays a crucial role in promoting justice, equality and legal certainty, reflecting the values and objectives of Cape Verdean society.
The judicial process in Cape Verde begins with the filing of a petition or complaint with the competent court. This is a crucial step, as it formally establishes the legal claim and defines the subject of the dispute. Cape Verde's Code of Civil Procedure regulates the procedures to be followed, ensuring that the petition is clear and contains all the elements necessary for the court to understand the issue and proceed with the case (website url).
The initial petition must include the identification of the parties, a description of the facts on which the action is based, the request for judicial relief and the evidence that the plaintiff intends to produce. Once the petition has been filed, the court examines its admissibility and, if approved, summons the defendant to file a defence within the time limit stipulated by law.
The pre-trial phase is a critical moment in the judicial process, during which the parties present their evidence and arguments. In Cape Verde, this phase is governed by principles that ensure the adversarial process and ample defence, allowing both parties the opportunity to present their evidence and challenge the evidence presented by the opposing party (website url).
During the enquiry, the judge[26] can order hearings to listen to witnesses, experts and the parties themselves. Evidence is gathered in accordance with procedural rules, which aim to guarantee the integrity and reliability of the evidence presented. The judge has an active role in conducting the enquiry and can request the production of additional evidence if he or she considers it necessary to clarify the facts.
After the pre-trial phase, the case proceeds to trial, where the judge analyses all the evidence and arguments presented in order to hand down a sentence. In Cape Verde, the judgement must be reasoned, i.e. the judge must explain the reasons that led him to decide in a certain way, based on the evidence and the applicable legislation (website url).
The judgement can be upheld, when the plaintiff's claim is accepted, or dismissed, when the claim is rejected. In addition, the judge can rule partially in favour of one of the parties, depending on the circumstances of the case. The judgement is a formal document that concludes the knowledge phase of the process, but it can be appealed if one of the parties does not agree with the decision.
Cape Verde's judicial system provides for the possibility of appeals against court decisions, as a way of guaranteeing the double degree of jurisdiction and the review of decisions by higher courts. The most common appeals are the appeal and the review appeal, which can be lodged with the Courts of Appeal and the Supreme Court of Justice, respectively (website url).
Appeals can be lodged against judgements handed down by courts of first instance, while review appeals are intended to review decisions of the Courts of Appeal. Appeals must be substantiated, indicating the points of the judgement that are to be changed and the reasons for doing so. The court of appeal analyses the appeal and can confirm, modify or annul the decision appealed against.
The enforcement phase is the final stage of the judicial process, where the aim is to fulfil the decision handed down by the court. In Cape Verde, enforcement can be voluntary, when the convicted party spontaneously fulfils the sentence, or forced, when it is necessary to resort to coercive measures to ensure compliance with the decision (website url).
Enforcement can involve the attachment of assets, the seizure of bank accounts or other measures that ensure the satisfaction of the right recognised in the judgment. The enforcement process is governed by specific rules aimed at guaranteeing the effectiveness of judicial protection, while respecting the rights of the parties involved.
Enforcement is a fundamental aspect of the judicial system, as it ensures that judicial decisions have practical effectiveness and that citizens' rights are effectively protected.
Cape Verde's legal system is characterised by a well-defined structure, made up of first and second instance courts, as well as the Supreme Court of Justice, which ensures uniform jurisprudence and the constitutionality of laws (website url). The Public Prosecutor's Office plays an essential role in promoting justice, acting independently in defence of the interests of the state and citizens (website url). The Bar Association regulates the legal profession, guaranteeing ethics and legality in the work of legal professionals (website url). The constitutional justice system, through the Constitutional Court, protects fundamental rights and resolves conflicts of jurisdiction between sovereign bodies (website url).
The fundamental principles of law in Cape Verde, such as legality, equality, justice, proportionality and good faith, form the basis of the legal system, ensuring the protection of citizens' rights and the promotion of social justice (website url). The judicial process is structured in clear stages, from the initial petition to the execution of the sentence, guaranteeing the right to an adversarial process and a broad defence (website url). The possibility of lodging appeals ensures the double degree of jurisdiction, allowing decisions to be reviewed by higher courts.
The implications of this robust system are significant for Cape Verdean society, as it guarantees fair access to justice and the protection of fundamental rights. However, the continuous modernisation and adaptation of the judicial system is necessary to meet emerging challenges and improve the efficiency of the courts. The commitment to justice and fairness is reflected in the efforts to ensure that all citizens have access to justice, including free legal aid for those most in need (website url).
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