Angola Judicial Staff Entry Exam cheat sheet

The Constitution of the Republic of Angola (CRA) was adopted in 2010 and is the supreme law; laws and acts contrary to it are unconstitutional.

Fundamental rights may be restricted only by law, for a legitimate purpose, and the restriction must be necessary, proportionate, and not eliminate the essential core of the right.

The Constitutional Court (Tribunal Constitucional) has jurisdiction to review the constitutionality of laws and to hear appeals against unconstitutional decisions.

The President of the Republic is the Head of State, guarantees national independence and unity, and is elected by universal, direct, secret, and periodic suffrage.

The National Assembly is the unicameral parliament; it legislates, oversees the executive, and approves the General State Budget.

Angola is a democratic State based on the rule of law, the dignity of the human person, and the will of the people; sovereignty resides in the people.

The principle of separation of powers is not absolute: the Constitution provides for interdependence and checks and balances among executive, legislative, and judicial organs.

Citizens have the right to access courts, to a fair trial, and to the presumption of innocence; these are non-derogable cores of fundamental rights.

Legal persons acquire personality by registration; the Civil Code distinguishes associations, foundations, and companies, each with specific capacity rules.

Contracts require capacity, consent, a lawful object, and a lawful cause; defects in consent (error, fraud, duress) render the contract voidable, not automatically void.

Prescription of civil actions generally occurs within 20 years, but specific shorter periods apply (e.g., 5 years for certain rents and 2 years for commercial debts).

Civil procedure follows the principle of party disposition (princípio dispositivo); the judge may not rule on matters not raised by the parties, except for matters of public order.

The burden of proof lies on the party asserting the fact (art. 342 Civil Code); the defendant must prove facts that extinguish the plaintiff's right.

Civil proceedings begin with a petition (petição inicial) containing the parties, facts, legal grounds, and the specific request (pedido).

In civil procedure, the court must attempt conciliation at the preliminary hearing; failure to appear may result in default (revelia) and presumed admission of facts.

Appeals (recursos) are generally lodged within 30 days of notification of the judgment, unless a shorter period is provided; the appeal must specify the grounds and the requested change.

The principle of legality (nullum crimen sine lege) means no conduct is criminal unless a prior law defines it as such; analogy is prohibited in criminal law.

Criminal liability requires an act (actus reus) and a guilty mind (mens rea), except for strict liability offences expressly provided by law.

Penalties include principal penalties (imprisonment, fine) and accessory penalties; the maximum prison term is generally 30 years under Angolan law.

Criminal procedure has three main phases: investigation (instruction), trial, and appeal; the Public Prosecutor (Ministério Público) directs the investigation.

The accused has the right to be informed of the charges, to remain silent, to legal counsel, and to be tried within a reasonable time.

Preventive detention (prisão preventiva) is exceptional and subject to legal limits; it must be reviewed periodically and cannot exceed the statutory maximum.

Evidence obtained through torture, coercion, or abuse is null and cannot be used to convict the accused.

The statute of limitations for criminal prosecution varies with the maximum penalty; for the most serious crimes it may be 20 years or imprescriptible in cases of genocide and war crimes.

Administrative acts are unilateral decisions of public bodies that produce legal effects; they must respect legality, proportionality, and the public interest.

The principle of legality in administration means public bodies act only under and within the limits of the law; discretionary power is subject to judicial review.

Administrative procedure follows the principles of participation, transparency, and adversarial hearing (audiência do interessado) before adverse decisions.

Administrative acts may be challenged by administrative appeal (reclamação or recurso hierárquico) or by judicial review before administrative courts.

The deadline for judicial challenge of an administrative act is generally 60 days from notification or knowledge of the act, unless otherwise provided.

Public administration is liable for damages caused by unlawful acts or omissions of its organs and officials in the exercise of their functions.

The principle of separation of administrative and judicial functions means courts cannot substitute their discretion for that of the administration, but may annul unlawful acts.

Administrative contracts are governed by public procurement rules; the contracting authority must follow competitive procedures except in legally defined cases.

The General Labour Law (Lei Geral do Trabalho) sets minimum standards; collective agreements may improve but not reduce statutory rights.

Employment contracts may be for an indefinite term, a fixed term, or for an uncertain term; fixed-term contracts are exceptional and must be justified.

The normal working week is 40 hours, with at least one rest day per week; overtime is paid at a premium and subject to legal limits.

Employees are entitled to annual paid leave, public holidays, and a Christmas allowance; the minimum annual leave is 22 working days.

Termination of employment requires a lawful ground (disciplinary, economic, or objective) and prior hearing of the employee; dismissal without cause is unlawful.

The Labour Court has jurisdiction over individual and collective labour disputes; conciliation is a mandatory preliminary step in many cases.

The burden of proof in labour proceedings is generally on the employer for facts related to the employment relationship (e.g., payment of wages, working hours).

Trade unions have the right to organise and to collective bargaining; strikes are lawful if preceded by mediation and notice as required by law.

Marriage may be civil or traditional; civil marriage requires consent, capacity, and absence of impediments (e.g., kinship, prior marriage).

The default property regime is community of property (comunhão de adquiridos); spouses may choose separation of property by prenuptial agreement.

Parental responsibility (poder paternal) is exercised in the interest of the child; both parents have equal rights and duties.

Succession may be testamentary (by will), legitimate (by law), or contractual (rare); the legitimate succession follows the order of heirs: spouse, descendants, ascendants, siblings, State.

The reserved portion (legítima) protects certain heirs (spouse and descendants) and limits testamentary freedom; the available portion (quota disponível) may be freely disposed of.

A will must be in writing and, for validity, either holographic (handwritten and signed) or public (drawn up by a notary); oral wills are exceptional (e.g., imminent danger).

Adoption creates a legal parent-child relationship; it requires judicial decision and the consent of the adoptee if of legal age.

In succession, the spouse is a necessary heir (herdeiro legitimário) and is entitled to a share of the estate alongside descendants.

The Angolan judicial system comprises the Constitutional Court, the Supreme Court (Tribunal Supremo), the Court of Auditors (Tribunal de Contas), and the ordinary courts (provincial and municipal).

The Supreme Court is the highest ordinary court and ensures uniform application of the law; it hears appeals from lower courts.

The Constitutional Court has jurisdiction over constitutional matters, including abstract review of legislation and appeals on constitutionality.

The Court of Auditors exercises external control of public expenditure and may impose financial liability.

Judges are independent and irremovable; they are subject to disciplinary proceedings before the Higher Council of the Judiciary (Conselho Superior da Magistratura).

The Public Prosecutor's Office (Ministério Público) is autonomous and represents the State in criminal proceedings and in defence of legality.

Court administration includes case management, scheduling, and the duty of judges to decide within legal deadlines; delays may constitute disciplinary infraction.

The Superior Council of the Judiciary oversees judicial careers, appointments, transfers, and discipline of judges.

A legal petition (petição) must include: identification of the court, parties, facts, legal grounds, and the specific request (pedido).

Formal legal documents use clear, objective language; avoid ambiguity, colloquialisms, and unnecessary jargon.

A contract must identify the parties, their capacity, the object, the price or consideration, and the term; signatures must be notarised if required by law.

A judgment (sentença) must contain: report (relatório), reasoning (fundamentação), and decision (dispositivo); failure to state reasons renders it null.

Citations of law should include the diploma, article, and paragraph; citations of case law should identify the court, date, and case number.

In drafting an appeal, the appellant must specify the contested parts of the decision, the grounds, and the requested modification.

Use of the third person and formal register is standard in judicial documents; personal opinions and emotional language are inappropriate.

A power of attorney (procuração) for judicial representation must be in writing and specify the powers; general clauses do not suffice for special acts (e.g., settlement, appeal).

Angola gained independence on 11 November 1975; it is a republic with a multi-party system.

The capital is Luanda; the country is divided into 18 provinces and 164 municipalities.

The official language is Portuguese; national languages include Umbundu, Kimbundu, Kikongo, and others.

The currency is the kwanza (AOA); the central bank is the Banco Nacional de Angola (BNA).

Angola is a member of the African Union, SADC, OPEC, and the United Nations.

The current Constitution was adopted in 2010; the President is both Head of State and Head of Government.

Key sectors of the economy include oil, gas, diamonds, agriculture, and fisheries; oil accounts for a significant share of exports.

The National Assembly has 220 members elected by proportional representation for five-year terms.