Guinea-Bissau’s Constitution of 1984 with Amendments through 1996

Judicial Independence

 
Article 120. 1. The Supreme Tribunal of Justice is the supreme judicial instance of the Republic. The Superior Council of Magistrates appoints its judges. 2. The President of the Republic swears in judges of the Supreme Tribunal of Justice. 3. It is incumbent upon the Supreme Tribunal of Justice and tribunals instituted by law to exercise the jurisdictional function. 4. In the exercise of their jurisdictional function, tribunals are independent and only subjected to the law. 5. The Superior Council of Magistrates is the superior body of management and discipline of the judicial magistrates. 6. The Superior Council of Magistrates will contain, at least, representatives of the Supreme Tribunal of Justice, of other tribunals, and of the National Popular Assembly, according to the terms established by law.
 
Article 123 1. The judge performs its duties with total fidelity to the fundamental principles and objectives of this Constitution. 2. In the performance of its duties, the judge is independent and must only obey the law and his conscience. 3. The judge is not responsible for his trials and decisions. Only in cases specified by law may he be subject to civil, criminal or disciplinary liability connected with the performance of its duties. 4. The Supreme Council of Magistrates, in accordance with the law, is responsible for the appointment, dismissal, placement, promotion and transfer of judges of judicial tribunals, as well as the adoption of disciplinary measures.
 

Judicial Council or Parallel Institution

 
Article 120. 1. […] 6. The Superior Council of Magistrates will contain, at least, representatives of the Supreme Tribunal of Justice, of other tribunals, and of the National Popular Assembly, according to the terms established by law. […]
 

Attorney General’s Office

 
Article 125. 1. The Public Attorney’s Office [Ministério Público] is the State body responsible together with the tribunals, for monitoring the rule of law and representing public and social interests, and is in charge of filing criminal claims. 2. The Public Attorney’s Office is to be organized under a hierarchical structure, under the direction of the General-Attorney of the Republic. 3. The Attorney General of the Republic is appointed by the President of the Republic, after consultation with the Government.