Interpretation of Statutes at Guinea-Bissau

Here’s a comprehensive overview of Interpretation of Statutes in Guinea-Bissau, based on its legal framework and traditions:

⚖️ Legal System Overview

Guinea-Bissau follows a civil law system, primarily based on Portuguese law, as a former colony of Portugal. Its legal structure is codified, and statutory interpretation is guided by principles common to Lusophone (Portuguese-speaking) civil law countries.

📜 Key Legal Sources for Interpretation

Constitution of Guinea-Bissau (1984, amended)

Supreme law of the country.

All statutes must conform to the Constitution.

Provides guidance on fundamental rights and legislative authority.

Civil Code and Penal Code

Based on older Portuguese codes.

Provide substantive legal rules and general principles for interpretation.

Law on Judicial Organization and Procedure

Includes rules for judicial interpretation and legal proceedings.

Legal Doctrine and Comparative Law

Portuguese legal doctrine and interpretations are influential.

Judicial decisions, though not binding as precedent, are persuasive.

🧠 Methods of Statutory Interpretation

Courts and legal practitioners in Guinea-Bissau typically use the following interpretive methods:

Literal (Grammatical) Interpretation

Gives effect to the plain meaning of the words in the statute.

Systematic Interpretation

Considers the statute in the context of the entire legal framework.

Teleological (Purposive) Interpretation

Seeks to understand and apply the legislative intent and purpose behind the law.

Historical Interpretation

Refers to preparatory legislative materials or the historical background when available.

Analogy and General Principles of Law

Used to fill legal gaps or interpret broadly worded statutes.

🏛️ Judicial and Institutional Role

Supreme Court of Justice (Supremo Tribunal de Justiça)

Highest judicial body; interprets laws and ensures uniform application.

National Assembly (Assembleia Nacional Popular)

May clarify or revise legislation where interpretation is disputed.

Legal Scholars and Academic Writings

Often influence legal interpretation, especially through comparison with Portuguese and other Lusophone legal sources.

⚖️ Principles of Interpretation

Interpretation must be consistent with constitutional principles, such as equality, justice, and legality.

Where ambiguity exists, the purpose of the law and the social context are used to guide interpretation.

Courts avoid interpretations that would lead to absurd or unjust results.

Summary Table

AspectDetails
Legal TraditionCivil law (Portuguese influence)
Supreme LawConstitution (1984, amended)
Interpretation MethodsLiteral, Systematic, Teleological, Historical, Analogical
Key InstitutionsSupreme Court of Justice, National Assembly
Influence of Foreign LawPortuguese law and doctrine

 

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