Análise jurídica das consequências do requisito de ingresso no aparelho do Estado previsto na alínea d), do artigo 18º, da Lei no 4/2022, de 11 de fevereiro

Kusangalala kwa malamulo za zotsatira za zofunika kulowa mu zochitika za boma zoperekedwa mu mzere d), wa nkhani 18, ya malamulo No 4/2022, ya february 11

Abstract

ABSTRACT

              This Scientific Article is part of the Administrative Procedure Module, and aims to discuss the following topic: "Legal Analysis of the Physical Fitness Certificate Compatible with Activity to be Performed in the Public Administration, as a Requirement for Entry into the State Apparatus, in the Legal System Mozambican”, which seeks to solve the following question: “Why is the certificate of physical fitness compatible with the activity to be carried out in the public administration always required in all activities as a requirement for entry into the state apparatus?” However, the fact that we were unable to understand the reason why the legislator required a certificate of physical aptitude for the exercise of the activity in the application for admission, in the light of subparagraph d), article 18, of the EGFAE, which demonstrates the clear violation of paragraph 4 of article 2, 35, 37, and 84, all of the CRM. However, this work has as general objective, to legally analyze the certificate of physical fitness compatible with the activity to be carried out in the public administration, in the act of instructing the admission application. And as specific objectives: - Understand the negative impacts of the request for a certificate of physical fitness for the exercise of the activity in the instruction of the application for admission to the State Apparatus; - Identify the causes that lead law enforcers to demand a certificate of physical fitness at the time of appointment; - Demonstrate the need for the legislator to change the rule contained in paragraph d) of article 18, of the EGFAE, since it violates the rules of paragraph 4 of article 2, 35, 37, and 84, all of the CRM. And for the materialization of this work, a qualitative approach was used, since it is the most appropriate to make a good legal analysis of the certificate of physical fitness for the exercise of the activity as an admission requirement. With regard to the type of research regarding the technical procedures, this study was based on a bibliographic research, since, at the time of the elaboration of this work, books, dissertations, magazines, legislation related to the Administrative procedure module were used as bibliography. Regarding the research method, it is important to note that this research followed the inductive method, since this method helped us to understand to what extent the certificate of physical fitness for the exercise of the activity can be considered as a requirement of admission to the State apparatus, in general terms, based on particular knowledge. Keywords: Physical fitness certificate; Right to work as a fundamental right; Entry into the State Apparatus.