Dotar a Guiné-Bissau de uma nova Constituição para consolidar o Estado de direito e a estabilidade

This policy brief by the Institute for Security Studies argues for a new Constitution in Guinea-Bissau to resolve chronic political instability and institutional blockages. It identifies critical ambiguities in the current semi-presidential system—specifically regarding the powers of the President and Prime Minister—and recommends structural reforms, including the creation of a Constitutional Court and the constitutionalization of the National Electoral Commission.

• Guinea-Bissau has experienced formal constitutional continuity since 1973 with three main Constitutions (1973, 1984, and 1993), but this has not translated into political stability. Frequent coups, political assassinations, and civil war have hindered institutional functioning, with constitutional revisions often used to consolidate power or neutralize opponents.
• The 1993 Constitution introduced a semi-presidential regime based on the Portuguese model to end government instability and the concentration of power under President Nino Vieira. However, this regime has caused crises due to divergent interpretations of the roles and competencies of the 'executive couple' (the President and the Prime Minister).
• There are significant ambiguities regarding the dismissal of the government. The President can currently dismiss the government in cases of 'grave political crisis,' a term that is frequently subject to abusive application. The document recommends that the Supreme Court of Justice should be responsible for evaluating what constitutes a failure in the normal functioning of institutions.
• The President's power to preside over the Council of Ministers 'whenever he deems fit' is viewed as a violation of the separation of powers and a source of tension. The brief proposes that the President should only preside over the Council in special circumstances and upon invitation from the Prime Minister.
• The document recommends creating a dedicated Constitutional Court to ensure the subordination of all powers to the law and to provide rigorous interpretation of the Constitution. Currently, these duties fall to the Supreme Court of Justice, which lacks the necessary status and competencies to effectively control and interpret laws.
• To reduce political fluctuations in the electoral framework, the brief suggests constitutionalizing the National Electoral Commission (CNE). This would establish the CNE as an independent body responsible for elections and referendums, with clearly defined rules for the appointment and tenure of its leadership.
• The brief proposes that the process for revising the Constitution should include the possibility of a referendum. Such a referendum would be mandatory to validate revisions touching on fundamental points, provided they are first approved by a qualified majority (two-thirds or three-quarters) in the National Popular Assembly (ANP).
• The appointment of the Attorney General is currently at the sole discretion of the President, which undermines the independence of the Public Ministry. The document recommends that this appointment be governed by specific professional experience criteria and validated by the National Assembly.

APA

Institute for Security Studies (2018). Dotar a Guiné-Bissau de uma nova Constituição para consolidar o Estado de direito e a estabilidade. https://issafrica.s3.amazonaws.com/site/uploads/policybrief-guineabissau-1-por.pdf

Chicago

Institute for Security Studies. Dotar a Guiné-Bissau de uma nova Constituição para consolidar o Estado de direito e a estabilidade. 2018. https://issafrica.s3.amazonaws.com/site/uploads/policybrief-guineabissau-1-por.pdf.

Wikipedia

{{cite report |author=Institute for Security Studies |title=Dotar a Guiné-Bissau de uma nova Constituição para consolidar o Estado de direito e a estabilidade |date=May 2018 |url=https://issafrica.s3.amazonaws.com/site/uploads/policybrief-guineabissau-1-por.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudies2018dotar, author = {{Institute for Security Studies}}, title = {{Dotar a Guiné-Bissau de uma nova Constituição para consolidar o Estado de direito e a estabilidade}}, institution = {Institute for Security Studies}, year = {2018}, month = may, url = {https://issafrica.s3.amazonaws.com/site/uploads/policybrief-guineabissau-1-por.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }