Angola Judicial Staff Entry Exam flashcards

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Constitution of Angola 2010

Supreme law adopted in 2010, establishing Angola as a democratic state based on rule of law, separation of powers, and fundamental rights.

Fundamental rights restriction

Rights may be limited only by law, for a legitimate aim, and proportionally; the essential core of the right cannot be eliminated.

Presumption of innocence

Every accused is presumed innocent until final conviction; the burden of proof lies on the prosecution and doubt benefits the accused.

Contract validity requirements

Capacity of parties, consent free from defects, lawful object, and lawful cause are required for a contract to be valid.

Burden of proof civil

The party asserting a fact must prove it; the defendant must prove facts that extinguish or modify the plaintiff's claim.

Petition initial requirements

A civil petition must identify the court, parties, facts, legal grounds, and the specific remedy sought (pedido).

Prescription civil actions

General prescription period for civil actions is 20 years; shorter periods apply to specific claims such as rents (5 years) and commercial debts (2 years).

Legality principle criminal

No conduct is criminal without a prior law defining it; analogy and retroactive application of criminal law are prohibited.

Preventive detention limits

Pre-trial detention is exceptional, must be reviewed periodically, and cannot exceed statutory maximum periods; alternatives should be preferred.

Illegally obtained evidence

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

Administrative act

Unilateral decision of a public body producing legal effects, subject to legality, proportionality, and judicial review.

Administrative appeal deadline

Judicial challenge of an administrative act must generally be filed within 60 days of notification or knowledge of the act.

State liability

The State is liable for damages caused by unlawful acts or omissions of its organs and officials in the exercise of public functions.

Employment contract types

Contracts may be indefinite, fixed-term, or for uncertain term; fixed-term contracts require justification and are exceptional.

Annual leave minimum

Employees are entitled to at least 22 working days of paid annual leave, plus public holidays and a Christmas allowance.

Dismissal lawful grounds

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

Marriage property regime

Default regime is community of acquired property; spouses may choose separation of property by prenuptial agreement.

Legitimate succession order

Heirs by law are called in order: spouse, descendants, ascendants, siblings, and the State, with the spouse as necessary heir.

Reserved portion (legítima)

Portion of the estate reserved by law for certain heirs (spouse and descendants), limiting testamentary freedom.

Will formalities

A will must be in writing; holographic wills must be handwritten and signed; public wills are drawn up by a notary.

Supreme Court role

Highest ordinary court ensuring uniform application of law and hearing appeals from lower courts.

Constitutional Court jurisdiction

Reviews constitutionality of laws, hears constitutional appeals, and resolves conflicts between organs of sovereignty.

Judicial independence

Judges are independent and irremovable; they are subject only to law and disciplinary oversight by the Superior Council of the Judiciary.

Judgment structure

A judgment must contain report (relatório), reasoning (fundamentação), and decision (dispositivo); absence of reasoning renders it null.

Power of attorney judicial

Written authorization for judicial representation; special powers (settlement, appeal) must be expressly stated.

Appeal drafting

An appeal must identify the contested decision, state the grounds, and specify the requested modification or annulment.

Legal writing style

Use clear, objective, formal language in third person; avoid ambiguity, colloquialisms, and emotional statements.

Angola independence date

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

Angola administrative divisions

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

Angola currency

The kwanza (AOA) is the national currency, issued by the Banco Nacional de Angola (BNA).

Angola international memberships

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

National Assembly composition

The unicameral parliament has 220 members elected by proportional representation for five-year terms.