Constituição de Cabo Verde

• Autor(a) principal: Rebelo, José Maria Gomes
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/110035
• topic: Cabo Verde; Estado; Constituição; Direito; Vida; Liberdade e segurança; State; Constitution,; Rights; Life; Liberty and security; Direito

Under the title “Constitution of Cabo Verde ¾ a look at the frameworks for the rights to life, freedom and personal security and the security system as well”, this dissertation proposes a reflection upon the option of the National Magna Carta on the respective systematization of the identified themes. Concerning this, the consensual idea assumed that currently the Constitution is the basis of security which is the main purpose of the State. According to its objectives and based on the performed analyses, it is concluded that the Constitution of Cabo Verde arose from a historical process of discovery, settlement, colonial rules, freedom struggle and negotiated independence which progressed from a mono party system of government called National Revolutionary Democracy, to a free and proper transition of Liberal and Social Democracy. As a consequence, this historical process together with its constitutionalism evolution had a significant impact on the fundamental frameworks of the rights to life, freedom and personal security, as well as in the security system adopted. Despite a modern and ambitious view, the relevant references of the option found reveal insufficient details that support an inconsistent treatment between the “super right to freedom” and the rights to life and personal security. Likewise, the constitutional inexistence of a system that establishes organic links between the entities responsible for guaranteeing security is evident, as well as the absence or residual materiality of some important institutions for the security system. Such findings suggest that there is still room for a debate on a more ambitious Safety Constitution, whose impediment would not be a burden claim of a less analytical Constitution.