A publicação das decisões do Banco de Moçambique e a salvaguarda do bom nome do Regulado

Abstract

This dissertation aims to address the publication of the decisions of the Bank of Mozambique applied to its regulations in the context of compliance with the laws of credit institutions and financial and foreign exchange companies. It begins by framing the Independent Regulatory Authorities in time, from its emergence in the USA to the present day, reflecting around its main characteristic: independence. It then makes a framework on the Central Bank, describing its functions and competencies in the financial and foreign exchange market, as well as its role on credit institutions and financial corporations, its main regulated companies. Introduces to the discussion the principle of publicity and institutional publicity, the theorist reason to the ARI which is the search for popular legitimacy and the conflict between fundamental rights of the same generation. Introduz à discussão temas ligados ao princípio da publicidade e a publicidade institucional, a causa teórica para ARI que é a busca da legitimidade popular e os conflitos entre direitos fundamentais. Going into the theme of the article, it introduces us to the publicity of the acts of the Public Administration as a general rule that aims to ensure transparency of its action but also that aims to draw public attention to the activities that it carries out within the scope of its attributions and competences. However, it draws attention to the danger of the diversion that advertising may have to take it out of the act to promote institutions and people. Also in the context of the publication, the article describes the various doctrinal positions around the discussion about the need for the publication of decisions and the protection of the name, honor and good image, essential for the ICSF business concluding that, although constitutional, publishing decisions is not an absolute right that assists the Public Administration. In the discussion about the publication of the decisions of the Bank of Mozambique, the article notes the existence of two rules that allow the Bank to publish its decisions, one of its free arbitrariness, obeying certain criteria and another fully regulated. The article questions this ambiguity that also contradicts basic principles of law, such as non-observance of suspension of the effectiveness of acts. It also compares the Portuguese whose regime, although close, observes the principles