50 YEARS OF MOZAMBICAN CONSTITUTIONALISM: AN ANALYSIS OF THE EVOLUTION OF FUNDAMENTAL RIGHTS

Abstract

This paper, entitled "50 Years of the Mozambican Constitution: An Analysis of the Evolution of Fundamental Rights," seeks to analyze the evolutionary vicissitudes of the Constitution of the Republic of Mozambique (CRM), focusing on fundamental rights, over its 50 years of existence. The central issue of the study lies in the question: "What evolutionary vicissitudes has the CRM had concerning Fundamental Rights over its 50 years of existence?" To achieve the proposed objectives, the deductive method was adopted, with a qualitative approach and bibliographic and documentary research. The research shows that the CRM underwent a gradual process of evolution in the recognition and protection of fundamental rights, with emphasis on the significant change that occurred in the 1990 Constitution, which transformed fundamental rights from a simple programmatic agenda into rights with practical and effective application, aligned with the universal principles of human rights. The 2004 Constitution further deepened these rights, consolidating a robust legal framework for their protection. Although the 2018 revision was a timely adaptation to the political context of decentralization, the 2004 Constitution remains the main legal landmark in the protection of fundamental rights in Mozambique. In conclusion, over the last 50 years, the CRM has been a reflection of the political, social, and economic transformations of the country, being a dynamic instrument of adaptation to the needs of society. Despite the challenges in the implementation of fundamental rights, the Constitution of Mozambique reflects a continuous commitment to human dignity, democracy, and the rights of citizens, consolidating a persistent pursuit of a more just and equal society.