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
| Aspect | Details |
|---|---|
| Legal Tradition | Civil law (Portuguese influence) |
| Supreme Law | Constitution (1984, amended) |
| Interpretation Methods | Literal, Systematic, Teleological, Historical, Analogical |
| Key Institutions | Supreme Court of Justice, National Assembly |
| Influence of Foreign Law | Portuguese law and doctrine |
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