MEIOS DA OBTENÇÃO DE PROVAS EM PROCESSOS ADMINISTRATIVOS SANCIONATORIOS NA ORDEM JURÍDICA MOÇAMBICANA

MEANS OF OBTAINING EVIDENCE IN ADMINISTRATIVE SANCTION PROCESSES IN THE MOZAMBIC LEGAL ORDER

Abstract

This study deals with the means of obtaining evidence in administrative sanctioning proceedings, an approach little discussed in the Mozambican administrative legal system. However, the means of proof in sanctioning administrative law are characterized by their ability to, through perception, form and substantiate an administrative procedural judgment as a subjective desideratum. Furthermore, in line with the provisions of paragraph 3 of article 65 of the Constitution of the Republic of Mozambique of 2004, it recommends that “all evidence obtained through torture, coercion, offense against the integrity or morals of the human person, abusive interference in their private and family life, at home, in correspondence or in telecommunications”, in the intricacies of the sanctioning procedure, thus establishing the framework of administratively admissible evidence and prohibitive evidence in legal conjunction.