The legal system of São Tomé and Príncipe
A Portuguese-tradition civil-law system in Africa's second-smallest state. Portuguese codes remain heavily influential and the Supreme Court exercises constitutional jurisdiction. Príncipe holds a constitutionally recognised autonomous status with its own regional government.
Legal tradition
São Tomé and Príncipe belongs to the civil law (portuguese tradition) tradition. A Portuguese-tradition civil-law system in Africa's second-smallest state. Portuguese codes remain heavily influential and the Supreme Court exercises constitutional jurisdiction. Príncipe holds a constitutionally recognised autonomous status with its own regional government.
How power is divided
Semi-presidential: a directly elected President with veto and dissolution powers, a Prime Minister accountable to the National Assembly, and an independent judiciary.
Where law comes from
- Constitution
- Supreme law; 1990 text as revised in 2003.
- International law
- Ratified treaties apply in the domestic order.
- Laws and decree-laws
- Assembly statutes and government instruments.
- Codes
- Civil, penal and procedure codes on the Portuguese model.
- Regional legislation
- Autonomous Region of Príncipe within its competences.
The legal profession
Advogados admitted through the Ordem dos Advogados; the profession is very small and many practitioners train in Portugal.
Law by topic in São Tomé and Príncipe
- Family LawPortuguese-derived family law with recognised de facto unionsFamily law follows the received Portuguese Civil Code as amended nationally, providing for monogamous civil marriage and recognising the união de facto. The Lei sobre a Violência Doméstica e Familiar (Lei 11/2008) addresses domestic violence, and same-sex conduct has never been criminalised in the post-independence code.
- Criminal LawCódigo Penal 2012 with no death penalty and decriminalised same-sex conductThe Código Penal (Lei 6/2012) replaced the 1886 Portuguese code, modernising offences and confirming the decriminalisation of same-sex sexual conduct. The death penalty was abolished at independence in 1975.
- Employment & LabourLei Geral do Trabalho with written contracts and compensation on dismissalThe Lei Geral do Trabalho (Lei 6/2019) governs employment, requiring written contracts, setting maximum working hours and providing compensation on dismissal without just cause. The Ministry of Labour inspectorate supervises, and the public sector is the dominant formal employer.
- Tax LawCorporate income tax at 25 per cent with a narrow base and petroleum expectationsCorporate income tax is charged at 25 per cent, with a simplified regime for small taxpayers. There is no full VAT of the regional type; consumption is taxed through a sales tax, with VAT introduction repeatedly planned. Petroleum revenues from the Joint Development Zone are governed by a dedicated oil-revenue management law.
- Civil ProcedurePortuguese-derived civil procedure with a two-tier court systemCivil procedure follows the received Portuguese Código de Processo Civil, with written pleadings. The court system is compact: the Tribunal de Primeira Instância at first instance and the Supremo Tribunal de Justiça on appeal, with the Tribunal Constitucional for constitutional review. Ordinary prescription is twenty years.
- Constitutional Law1990 Constitution, semi-presidential, with a Constitutional Court and an autonomous PríncipeThe 1990 Constitution introduced multiparty democracy and a semi-presidential system in which the President and the Prime Minister share executive authority, a division that has produced repeated cohabitation friction. The island of Príncipe has had political and administrative autonomy since 1995. The Tribunal Constitucional exercises constitutional review.
- Business & CorporatePortuguese-model company law with OHADA-style simplification and petroleum expectationsCompany law follows the Portuguese model with the sociedade por quotas and sociedade anónima, registered through the Guiché Único. The Investment Code offers incentives, and the Joint Development Zone with Nigeria governs petroleum exploration in shared maritime areas.
- Immigration & NationalityVisa-light entry with residence permits under the foreign nationals regimeSão Tomé and Príncipe operates a liberal entry policy, with visa exemption or visa-on-arrival for many nationalities to support tourism. Residence and work permits are issued by the Serviço de Migração e Fronteiras, and CPLP nationals benefit from facilitated arrangements under the Lusophone community framework.
- Property & LandState land ownership with concessions following the plantation redistributionMost land was nationalised after independence from the former roça plantation estates and remains state-owned, with private use granted by concession or long lease. Registration is with the Conservatória do Registo Predial. Redistribution programmes have granted smallholder titles from former estate land.
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