A EXIGÊNCIA LEGAL DA PRIORIDADE NOS PROCESSOS JUDICIAIS DE INSOLVÊNCIA NO DIREITO MOÇAMBICANO

Abstract

This study analyzes the principle of procedural priority in insolvency proceedings and their related incidents, as established in Article 73 of the Legal Regime on Insolvency and Recovery of Commercial Entrepreneurs, approved by Decree No. 1/2013 of July 4. This principle grants such proceedings priority over all others, at any level of jurisdiction. The research is justified by the relevance and timeliness of the topic, particularly in the context of ongoing legislative reforms, and aims to understand the content of the principle, its practical application, and the legal consequences arising from it. It is found that, although procedural priority is consistent with the nature and purpose of insolvency proceedings, the absence of legal and constitutional mechanisms to ensure its effectiveness undermines its practical application. This gap may raise questions regarding its constitutionality and compatibility with the principle of equality. The study concludes that ensuring the effectiveness of the principle requires legal reforms, such as the constitutional provision of procedural priority for certain proceedings; the creation of an infraconstitutional rule regulating the matter; and the revision of the Statute of Judges to include the duty to respect legally prioritized cases. These measures aim to ensure greater speed and fairness in the processing of insolvency proceedings and their related incidents.