The legal system of Cape Verde
A Portuguese-tradition civil-law system and one of Africa's most stable constitutional democracies. Codes follow the Portuguese model closely, and the country has recodified extensively since 2000 — including a modern Penal Code and Code of Criminal Procedure — with a Constitutional Court operating since 2015.
Legal tradition
Cape Verde belongs to the civil law (portuguese tradition) tradition. A Portuguese-tradition civil-law system and one of Africa's most stable constitutional democracies. Codes follow the Portuguese model closely, and the country has recodified extensively since 2000 — including a modern Penal Code and Code of Criminal Procedure — with a Constitutional Court operating since 2015.
How power is divided
Semi-presidential: a directly elected President with limited powers, a Prime Minister accountable to the National Assembly, and an independent judiciary with a separate Constitutional Court.
Where law comes from
- Constitution
- Supreme; provides for direct applicability of fundamental rights.
- International law
- Ratified treaties rank above ordinary legislation.
- Laws and decree-laws
- Assembly statutes and government legislation under authorisation.
- Codes
- Civil, Penal, Criminal Procedure, Commercial and Labour Codes.
- Regulations
- Government and municipal regulatory instruments.
The legal profession
Advogados admitted through the Ordem dos Advogados after a law degree and traineeship; notaries and registrars form separate careers on the Portuguese model.
Law by topic in Cape Verde
- Criminal LawCódigo Penal 2003 with the death penalty abolished since 1981The Código Penal of 2003, Portuguese in structure, governs. Cabo Verde abolished the death penalty in 1981, among the earliest in Africa. Narcotics transit across the Atlantic is the principal enforcement challenge.
- Property & LandRegistered private ownership with a functioning cadastre programmeCabo Verde recognises private freehold ownership under the Código Civil, with registration through the Conservatória do Registo Predial. A national cadastre programme has substantially increased registration coverage.
- Constitutional Law1992 Constitution with a Supreme Court and consistent democratic alternationThe Constitution of 1992, revised in 1999 and 2010, establishes a semi-presidential republic. Cabo Verde has had repeated peaceful transfers of power between the PAICV and MpD, and ranks at the top of African governance indices.
- Employment & LabourCódigo Laboral 2007 with a 44-hour week and unusually strong enforcementDecreto-Legislativo n° 5/2007 sets a 44-hour week, regulates fixed-term contracts and provides for collective bargaining. Enforcement capacity is stronger than the regional norm, and social security coverage is comparatively broad.
- Immigration & NationalityNon-ECOWAS mobility with CPLP ties and visa-free access for EU nationalsCabo Verde is an ECOWAS member but geographically separate, and applies its own entry regime: EU nationals enter visa-free, others use an online pre-registration and airport security fee. CPLP membership provides mobility with lusophone states.
- Tax LawVAT at 15% with an international business centre and tourism-focused incentivesVAT is 15% and corporate tax is 22%, reduced substantially for qualifying International Business Centre activities. Cabo Verde uses the escudo pegged to the euro and is outside WAEMU, so it sets its own rates.
- Family LawCódigo da Família 1997 with civil marriage, monogamy and recognition of união de factoThe Código da Família provides for civil marriage only, monogamy, equal spousal rights and equal succession between children regardless of birth status. Cohabitation (união de facto) is recognised and produces defined legal effects.
- Civil ProcedurePortuguese-derived civil procedure with no OHADA route and functioning enforcementThe Código de Processo Civil, Portuguese in origin, governs. Appeal lies to the Tribunal da Relação and then the Supremo Tribunal de Justiça. Cabo Verde is outside OHADA, so the Uniform Acts and the CCJA do not apply.
- Business & CorporatePortuguese-derived commercial code outside OHADA, with an international business centreCommercial law derives from the Portuguese tradition, with a Código das Empresas Comerciais governing company forms. Cabo Verde is not an OHADA member. The Centro Internacional de Negócios offers reduced tax rates for qualifying activities.
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