Usually the laws are two aspects to consider: the letter and spirit. Since it is desirable that these two aspects lead to the same results. What does not always happen.And I do not think has happened now, in the case of the election, the Assembly of the Republic, Dr. Jose Abudo to the Ombudsman.But let's try to explain in a short journalistic chronic, complex concepts of law, so as to be accessible to ordinary readers.The letter of the law there is what is written, those words, those paragraphs, those paragraphs. The spirit is what the legislature intended, in drafting this law. And the more the spirit to obey the letter, the better.However, in this case the Ombudsman, we have an indication that the law (in this case the Constitution, which is the law-the mother of all other laws) requires that the Ombudsman is elected for more than two thirds of the members of Parliament. And why is that? Why not just a majority as to all other laws?I think it is easy to see that this requirement is intended to achieve the Ombudsman is a person who enjoys a widespread approval, which is a figure of consensus.In fact the situation in which it is now our National Assembly, where Frelimo bench has more than two thirds of the 250 deputies, is a rare case. Rarely happens in modern democracies.Therefore, the legislature, in requiring two-thirds majority, was attempting to force the various benches to negotiate to get a figure of consensus, which could not be elected by the members of a single party. Preferably a figure without strong ties to any party.And I believe that this requirement was made that the Ombudsman has not been elected in the first parliamentary term of this Constitution. Had no bench, alone, the two thirds required and Frelimo was not interested in taking the matter to debate, knowing that they would negotiate with the opposition the name of the person to be elected.Now, with the comfortable two-thirds majority, have allowed it to follow its procedures, knowing that he would be able to elect whom He wanted.And the result was what we saw: More personality clearly linked to the Frelimo party to occupy a place that someone should be above partisan disputes. Someone who will not be very likely a neutral arbiter a player but more of a particular team, always striving for the victory of his team.And this was achieved by obeying the letter but, I believe, not the spirit of the law.Obviously I think that dr. Abudo not have the profile you wish for an Ombudsman. It will therefore, in my humble opinion, more a position to make use of a cabinet, a lot of work to employees, filing and vehicle probably, I have great doubts, motorized beaters with megaphones to demand that the other cars get out for him to pass .All this, of course, paid for by our taxes.So are things in our peculiar democracy ... (M,Graca)
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