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Question 1Constitutional Law and Fundamental Rights

Under the Angolan Constitution, sovereignty resides in which entity?

  1. The people Correct answer.
  2. The Constitutional Court
  3. The President of the Republic
  4. The National Assembly

Explanation

The Constitution vests sovereignty in the people, who exercise it through universal, equal, direct and secret suffrage and through the constitutionally established organs. State organs merely exercise powers derived from that popular sovereignty.

Question 2Constitutional Law and Fundamental Rights

The fundamental rights of citizens under the Angolan Constitution are characterized as being directly applicable to which of the following?

  1. Only the courts
  2. Only private companies
  3. Only public authorities
  4. Public and private entities Correct answer.

Explanation

Fundamental rights bind public authorities and also have horizontal effect, applying to relations between private parties. This reflects the constitutional principle that rights are directly applicable and not merely programmatic.

Question 3Constitutional Law and Fundamental Rights

Which organ is constitutionally competent to declare the unconstitutionality of laws in Angola?

  1. The Constitutional Court Correct answer.
  2. The Public Prosecutor's Office
  3. The National Assembly
  4. The Supreme Court

Explanation

The Constitutional Court is the organ with jurisdiction to administer justice on constitutional matters, including declaring laws unconstitutional. It exercises this power through abstract and concrete review.

Question 4Constitutional Law and Fundamental Rights

The Angolan Constitution prohibits the death penalty under which framing?

  1. As a penalty reserved for treason
  2. As a matter left to ordinary legislation
  3. As a restriction applicable only in peacetime
  4. As an absolute prohibition Correct answer.

Explanation

The Constitution abolishes the death penalty absolutely, without exceptions for wartime or particular crimes. This reflects the inviolability of the right to life.

Question 5Constitutional Law and Fundamental Rights

A citizen wishes to challenge an administrative act that allegedly violates a fundamental right. Which constitutional guarantee most directly supports access to a court for this purpose?

  1. The right to freedom of expression
  2. The right to petition
  3. The right to property
  4. The right to effective judicial protection Correct answer.

Explanation

The right to effective judicial protection guarantees access to courts and an effective remedy against acts that violate rights. It is the core guarantee for challenging unlawful administrative action.

Question 6Constitutional Law and Fundamental Rights

Which body exercises the function of ombudsman for the defense of citizens' rights in Angola?

  1. The Provedor de Justiça Correct answer.
  2. The Council of the Republic
  3. The Court of Auditors
  4. The Attorney General

Explanation

The Provedor de Justiça (Ombudsman) is the independent organ charged with defending citizens' rights against public administration. It receives complaints and recommends corrective measures.

Question 7Constitutional Law and Fundamental Rights

The principle of equality in the Angolan Constitution requires that persons be treated equally before the law and prohibits discrimination based on which factor listed below?

  1. A closed list of enumerated grounds
  2. An open list including sex, race and other status Correct answer.
  3. Only race
  4. Only political opinion

Explanation

The Constitution prohibits discrimination on grounds including sex, race, ethnicity, political and religious belief, and other status, framed as an open list. This allows protection against analogous forms of discrimination.

Question 8Constitutional Law and Fundamental Rights

Freedom of expression under the Angolan Constitution may lawfully be restricted when a restriction is:

  1. Provided by law and necessary in a democratic society Correct answer.
  2. Approved by a simple majority of the National Assembly
  3. Decided by administrative discretion alone
  4. Imposed by any private party

Explanation

Restrictions on fundamental rights must be established by law and be necessary and proportionate in a democratic society to protect legitimate interests. Discretionary or purely majoritarian measures do not satisfy this test.

Question 9Constitutional Law and Fundamental Rights

The right to freedom of assembly in Angola generally requires which of the following?

  1. No notification or authorization whatsoever
  2. Approval by the local court
  3. Notification to the competent authority under the law Correct answer.
  4. Prior authorization from the police

Explanation

Peaceful assembly is a constitutional right; the law may require prior notification to authorities but not discretionary authorization. Notification allows authorities to organize public order without enabling content-based vetoes.

Question 10Constitutional Law and Fundamental Rights

Which of the following best describes the status of international human rights treaties ratified by Angola?

  1. They apply only to foreigners
  2. They form part of Angolan law and inform constitutional interpretation Correct answer.
  3. They override the Constitution in all cases
  4. They have no domestic effect until replicated in statute

Explanation

Ratified international treaties form part of the Angolan legal order and serve as a parameter for interpreting fundamental rights. They do not, however, displace the Constitution's primacy.

Question 11Constitutional Law and Fundamental Rights

The right to liberty under the Angolan Constitution requires that a person arrested be brought before a judicial authority within which time frame, absent a constitutional exception?

  1. 24 hours
  2. 72 hours Correct answer.
  3. 48 hours
  4. One week

Explanation

The Constitution requires that a detained person be presented to a judicial authority within 72 hours for validation of the detention. This protects against arbitrary deprivation of liberty.

Question 12Constitutional Law and Fundamental Rights

Habeas corpus in Angola serves to protect which right?

  1. The right to property
  2. The right to physical liberty against unlawful detention Correct answer.
  3. The right to vote
  4. The right to privacy

Explanation

Habeas corpus is the constitutional remedy against unlawful detention or imminent threat to liberty. It allows a court to order immediate release or correction of the detention.

Question 13Constitutional Law and Fundamental Rights

The Constitution's provision on the inviolability of the home means that entry by authorities is generally permitted only:

  1. With the consent of any neighbor
  2. When the resident is absent
  3. At the sole discretion of a police officer
  4. In the cases and forms provided by law, including judicial authorization where required Correct answer.

Explanation

The home is inviolable; entry by public authorities is lawful only in the cases and forms established by law, typically requiring judicial authorization or flagrant circumstances. This protects privacy and dignity.

Question 14Constitutional Law and Fundamental Rights

The right to privacy under the Angolan Constitution protects against which of the following?

  1. Criminal prosecution based on evidence
  2. Lawful taxation
  3. Arbitrary interference with private and family life Correct answer.
  4. Public regulation of commerce

Explanation

Privacy protects private and family life, correspondence and personal data against arbitrary or unlawful interference. Lawful state measures under legal authority do not, by themselves, violate it.

Question 15Constitutional Law and Fundamental Rights

Which statement correctly describes the relationship between the Constitution and ordinary legislation in Angola?

  1. Ordinary legislation prevails if enacted later
  2. Both have equal rank
  3. The Constitution is supreme and laws contrary to it are invalid Correct answer.
  4. Only constitutional statutes can be reviewed

Explanation

The Constitution is the supreme law of the land; legislation contrary to it is void or unconstitutional. This supremacy is enforced through constitutional review by the Constitutional Court.

Question 16Constitutional Law and Fundamental Rights

The right to work under the Angolan Constitution includes which guarantee?

  1. A right to unpaid compulsory labor
  2. A prohibition on all private employment
  3. Freedom to choose a profession and protection against arbitrary dismissal Correct answer.
  4. A guarantee of a specific job to every citizen

Explanation

The right to work encompasses freedom of professional choice and protection against arbitrary dismissal, along with fair remuneration and safe conditions. It does not guarantee a particular job to each individual.

Question 17Constitutional Law and Fundamental Rights

The right to education under the Angolan Constitution is characterized by which principle regarding basic education?

  1. It is compulsory and free at the basic level Correct answer.
  2. It is reserved for citizens only
  3. It is optional and fee-based
  4. It is entirely private

Explanation

The Constitution provides that basic education is compulsory and free, reflecting the state's duty to ensure universal access. Higher levels may involve other arrangements consistent with the law.

Question 18Constitutional Law and Fundamental Rights

The right to health under the Angolan Constitution obliges the state to:

  1. Devolve all health duties to private insurers
  2. Guarantee free cosmetic surgery for all
  3. Promote public health and ensure access to care within available resources Correct answer.
  4. Provide identical treatment regardless of medical need

Explanation

The right to health obliges the state to promote public health and organize access to medical care, subject to resource constraints and progressive realization. It is not a guarantee of every conceivable procedure.

Question 19Constitutional Law and Fundamental Rights

The Constitution's protection of the family recognizes which of the following?

  1. That family relations are outside constitutional concern
  2. That only civil unions have legal effect
  3. Only marriages registered by the state
  4. The family as a fundamental element of society deserving protection Correct answer.

Explanation

The Constitution recognizes the family as a fundamental element of society and guarantees its protection, including marriage and other forms of family association under the law. It does not confine protection to a single formal model.

Question 20Constitutional Law and Fundamental Rights

Which of the following is a political right guaranteed by the Angolan Constitution?

  1. The right to strike
  2. The right to a fair trial
  3. The right to property
  4. The right to vote and stand for election Correct answer.

Explanation

The right to vote and to stand for election is a core political right exercised through universal, equal and secret suffrage. Strike, property and fair trial rights are civil, economic or procedural in character.

Question 21Constitutional Law and Fundamental Rights

A law restricts a fundamental right without any legal basis, relying solely on a ministerial order. Which constitutional problem is most apparent?

  1. The restriction is valid because a minister issued it
  2. The restriction is valid because it targets foreigners
  3. The restriction is valid because rights are not binding on the executive
  4. The restriction lacks a proper legal basis and proportionality Correct answer.

Explanation

Fundamental rights may be restricted only by law and only where necessary and proportionate in a democratic society. A ministerial order alone does not provide a sufficient legal basis for restricting a constitutional right.

Question 22Constitutional Law and Fundamental Rights

The right to a fair trial under the Angolan Constitution includes which guarantee?

  1. The presumption of innocence until final conviction Correct answer.
  2. Indefinite pretrial detention without review
  3. Trial by a secret tribunal
  4. Mandatory self-incrimination

Explanation

The presumption of innocence is a core fair-trial guarantee, accompanied by the right to defense, an independent tribunal and a public hearing. Secret tribunals and compelled self-incrimination are incompatible with it.

Question 23Constitutional Law and Fundamental Rights

The Constitution's environmental provision obliges the state and citizens to:

  1. Guarantee pollution rights to industry
  2. Prioritize economic growth over environmental protection in all cases
  3. Leave environmental matters exclusively to private actors
  4. Protect the environment and promote sustainable development Correct answer.

Explanation

The Constitution establishes a right to a healthy environment and a duty to protect it, integrating environmental concerns with sustainable development. It does not subordinate protection to growth in every case.

Question 24Constitutional Law and Fundamental Rights

Freedom of religion under the Angolan Constitution entails which of the following?

  1. Freedom of belief, worship and religious teaching, subject to law Correct answer.
  2. A state religion with exclusive privileges
  3. Compulsory religious affiliation
  4. A prohibition on changing religion

Explanation

The Constitution guarantees freedom of conscience and religion, including belief, worship and teaching, exercised within the limits of law and public order. The state is secular and does not establish a single religion.

Question 25Constitutional Law and Fundamental Rights

Which constitutional principle governs the organization of public administration in Angola with respect to citizens?

  1. Legality and respect for citizens' rights in administrative action Correct answer.
  2. Absence of any duty to give reasons
  3. Immunity of officials from review
  4. Administrative secrecy in all matters

Explanation

Public administration is bound by legality and must respect citizens' rights, including the duty to give reasons for decisions and to allow challenge before courts. It is not shielded by general secrecy or immunity.

Question 26Constitutional Law and Fundamental Rights

Under the Angolan Constitution, which body is the guarantor of the Constitution and exercises constitutional review of legislation?

  1. The National Assembly
  2. The Constitutional Court Correct answer.
  3. The Supreme Court
  4. The Public Prosecutor's Office

Explanation

The Angolan Constitution assigns guardianship of the Constitution to the Constitutional Court, which is competent to review the constitutionality of laws and other normative acts. Ordinary courts and other organs apply the Constitution but do not hold this concentrated review power.

Question 27Constitutional Law and Fundamental Rights

A citizen wishes to challenge the constitutionality of a specific provision of a law already in force and asks a lawyer which route is available. Under the Angolan constitutional system, which mechanism best fits this situation?

  1. A petition to the President to suspend the law by decree
  2. A complaint filed with the ordinary court of first instance that replaces the law
  3. An abstract review action brought before the Constitutional Court by a person with standing Correct answer.
  4. A direct appeal to the National Assembly to repeal the provision

Explanation

Angolan constitutional justice allows designated persons and entities with standing to seek abstract review of laws before the Constitutional Court. Ordinary courts cannot substitute their own norm for a law in force. Political organs may legislate but that is not the constitutional review route.

Question 28Constitutional Law and Fundamental Rights

Which of the following is a fundamental duty expressly provided for in the Angolan Constitution?

  1. To join a political party of one's choosing
  2. To donate a fixed share of income to charity
  3. To serve in the armed forces for life
  4. To pay taxes and other contributions established by law Correct answer.

Explanation

The Angolan Constitution imposes duties on citizens alongside rights, and among these is the duty to contribute to public burdens through taxes and other contributions established by law. Other listed activities are not general constitutional duties.

Question 29Constitutional Law and Fundamental Rights

During a state of emergency, the government issues measures restricting certain rights. Which statement best reflects the Angolan Constitution's approach to such restrictions?

  1. Only economic and social rights can ever be affected during an emergency
  2. All fundamental rights may be freely suspended for the duration of the emergency
  3. Rights can be suspended only with the prior consent of the Constitutional Court in each individual case
  4. Some rights may be suspended or restricted only in the circumstances and by the means the Constitution itself allows Correct answer.

Explanation

The Constitution permits suspension or restriction of certain rights only in the cases and forms it prescribes, such as a declared state of emergency, and it identifies rights that remain non-derogable. It does not allow blanket suspension of all rights.

Question 30Constitutional Law and Fundamental Rights

A regulation issued by a ministry imposes a restriction on a constitutional right even though no law authorizes it. How does the Angolan Constitution treat such a restriction?

  1. It is valid because administrative organs share the power to define rights
  2. It is valid provided the minister publishes it in the official gazette
  3. It is valid if the restriction lasts less than thirty days
  4. It is invalid because restrictions on fundamental rights must be provided for by law Correct answer.

Explanation

The Constitution requires that any restriction of fundamental rights be established by law, respecting the principles of necessity and proportionality. Administrative regulations cannot create restrictions that lack a legal basis. Publication or brevity does not cure the absence of legal authorization.

Question 31Civil Law and Civil Procedure

Under the Angolan Civil Code, at what age does a person normally acquire full legal capacity to exercise civil rights?

  1. At 21 years of age
  2. At 18 years of age Correct answer.
  3. Upon marriage, regardless of age
  4. At 16 years of age

Explanation

The Angolan Civil Code sets the age of majority and full capacity to exercise rights at 18. Below that age, minors are generally subject to parental authority and representational rules. Emancipation can occur earlier through marriage in defined circumstances.

Question 32Civil Law and Civil Procedure

Which of the following is an essential element of a valid contract under the Angolan Civil Code?

  1. Registration at the land registry
  2. Consent of the parties Correct answer.
  3. Approval by a court
  4. Notarization by a public notary

Explanation

A contract requires consent, a determinate object, and a permissible purpose (cause). Notarization, registration, or court approval are formalities required only for specific categories of acts, not for contracts in general.

Question 33Civil Law and Civil Procedure

What is the general prescriptive period for ordinary civil actions to which no special shorter period applies?

  1. 30 years
  2. 20 years Correct answer.
  3. 10 years
  4. 5 years

Explanation

The Angolan Civil Code establishes a general prescription period of 20 years for ordinary rights when no special period is provided. Shorter periods apply to specific matters such as certain credits and rents. The general rule functions as a residual standard.

Question 34Civil Law and Civil Procedure

In the Angolan civil process, which principle holds that the court must decide the dispute presented by the parties and cannot substitute its own claim?

  1. Principle of procedural celerity
  2. Principle of the dispositive initiative of the parties Correct answer.
  3. Principle of orality
  4. Principle of judicial inquisitoriness

Explanation

Civil procedure is structured around the parties' initiative to define and delimit the object of the dispute. The court is bound by the claim and cause of action presented. This reflects the dispositive principle typical of private-law litigation.

Question 35Civil Law and Civil Procedure

A creditor holds a claim against a debtor that has become due. Which action is appropriate to obtain a court order compelling payment?

  1. A condemnatory action for performance Correct answer.
  2. An action for interpretation of a will
  3. An action for annulment of the contract
  4. A declaratory action of mere appreciation

Explanation

A condemnatory action seeks a court decision ordering the defendant to perform an obligation, such as paying a due debt. Declaratory actions merely affirm the existence of a right. Annulment actions attack the validity of an act.

Question 36Civil Law and Civil Procedure

Which of the following is a requirement for the valid exercise of the right of legal representation of a minor by parents?

  1. Prior court authorization in all acts
  2. Approval by the public prosecutor in every act
  3. The act must serve the minor's interest Correct answer.
  4. Written consent of the minor's teacher

Explanation

Parental representation is exercised in the interest of the child, and acts contrary to that interest may be challenged or require special authorization. Routine acts do not need prior court or prosecutorial approval. The guiding standard is the minor's benefit.

Question 37Civil Law and Civil Procedure

What is the effect of a contract concluded by a person lacking capacity to exercise rights, in the absence of ratification?

  1. It is voidable (annullable) Correct answer.
  2. It converts into a unilateral act
  3. It is automatically valid
  4. It is perfectly valid but unenforceable

Explanation

Contracts entered into by persons lacking capacity to exercise rights are generally voidable, meaning they may be annulled unless validly ratified by the legal representative. They are not automatically void. Ratification can cure the defect.

Question 38Civil Law and Civil Procedure

In civil procedure, what is the purpose of the citation (citação) of the defendant?

  1. To summon witnesses
  2. To publish the final judgment
  3. To collect court fees
  4. To notify the defendant of the action so they may defend Correct answer.

Explanation

Citation informs the defendant that an action has been filed and allows the exercise of the right of defense within the applicable deadline. It is a fundamental procedural act linked to the adversarial principle. Failure to cite properly can render proceedings void.

Question 39Civil Law and Civil Procedure

Which type of obligation allows the debtor to choose among several possible performances?

  1. Divisible obligation
  2. Joint obligation
  3. Natural obligation
  4. Alternative obligation Correct answer.

Explanation

In an alternative obligation, the debtor may perform one of several prestations, and the choice generally belongs to the debtor unless otherwise agreed. Joint obligations concern plurality of creditors or debtors. Divisibility concerns the splitting of performance.

Question 40Civil Law and Civil Procedure

A debtor fails to perform an obligation due to fault. What is the general remedy available to the creditor?

  1. Compensation for damages caused by non-performance Correct answer.
  2. Nullity of the underlying contract
  3. Automatic transfer of ownership of the debtor's property
  4. Criminal prosecution for breach of contract

Explanation

Non-performance attributable to the debtor triggers liability for damages, covering losses and lost profits. Breach of contract is not a crime and does not automatically transfer property. The contract remains valid unless separately annulled.

Question 41Civil Law and Civil Procedure

What is the main function of the adversarial principle (contraditório) in civil proceedings?

  1. To limit the number of witnesses
  2. To guarantee each party the chance to be heard on the other's arguments Correct answer.
  3. To fix the amount of court fees
  4. To require all hearings to be public

Explanation

The adversarial principle ensures that each party can respond to the evidence and arguments presented by the opposing side. It supports procedural fairness and equality of arms. It is not about publicity, witness limits, or fees.

Question 42Civil Law and Civil Procedure

Which of the following best describes the principle of res judicata in civil procedure?

  1. A final judgment cannot be relitigated between the same parties on the same object Correct answer.
  2. A judgment may be appealed indefinitely
  3. Only the plaintiff is bound by the judgment
  4. A judge may reopen a case at any time

Explanation

Res judicata gives finality to judgments, preventing the same dispute between the same parties from being decided again. It protects legal certainty. It does not allow unlimited appeals or one-sided binding effect.

Question 43Civil Law and Civil Procedure

What is the effect of a contract with an unlawful object under the Angolan Civil Code?

  1. It becomes valid after performance
  2. It is null Correct answer.
  3. It is merely voidable
  4. It is valid if both parties agree

Explanation

A contract whose object is unlawful or contrary to public order is null, since legality of the object is an essential requirement. Nullity operates regardless of party agreement. Performance does not cure an unlawful object.

Question 44Civil Law and Civil Procedure

Which of the following is a real right (direito real) under Angolan civil law?

  1. The right of a tenant under a lease
  2. The right of ownership Correct answer.
  3. The right of a party to rescind a contract
  4. The right of a creditor to claim payment

Explanation

Ownership is the paradigmatic real right, giving direct and immediate power over a thing and opposability against third parties. Creditor rights and lease rights are obligations with limited effect. A right to rescind is a contractual power, not a real right.

Question 45Civil Law and Civil Procedure

What is required for acquisitive prescription (usucapião) over immovable property in general terms?

  1. Continuous possession for the legally defined period Correct answer.
  2. A single act of occupation
  3. Payment of the purchase price
  4. A notarized declaration by the owner

Explanation

Acquisitive prescription requires possession meeting legal requirements, such as continuity, and the passage of the statutory period. A single act of occupation is insufficient. It operates independently of the owner's notarized declaration.

Question 46Civil Law and Civil Procedure

A party discovers that a contract was concluded due to the other party's fraud. What is the appropriate legal response?

  1. Request annulment of the contract on grounds of vitiated consent Correct answer.
  2. Demand that the notary amend the contract
  3. Wait for automatic nullity to operate
  4. File a criminal complaint only

Explanation

Fraud vitiates consent, allowing the deceived party to seek annulment within the applicable period. Nullity does not operate automatically for vitiated consent. A criminal complaint may exist separately but does not replace the civil remedy.

Question 47Civil Law and Civil Procedure

What is the role of the judge in the production of evidence under the principle of the judge's active role?

  1. The judge must rely only on the parties' evidence
  2. The judge may order evidence ex officio when necessary to decide the case Correct answer.
  3. The judge must delegate evidence to the public prosecutor
  4. The judge is prohibited from questioning witnesses

Explanation

Angolan civil procedure grants the judge an active role in directing evidence, allowing ex officio measures when needed for a just decision. The judge is not restricted to party-produced evidence. Judges may question witnesses and order expert evidence.

Question 48Civil Law and Civil Procedure

Which of the following constitutes an obligation of means rather than an obligation of result?

  1. A carrier's duty to deliver goods to destination
  2. A seller's duty to deliver the specific good
  3. A doctor's duty to provide diligent medical care Correct answer.
  4. A debtor's duty to repay a fixed sum

Explanation

In an obligation of means, the debtor commits to diligent conduct rather than a guaranteed outcome, as with medical care. Obligations of result require a specific outcome, such as delivery or repayment. The distinction affects the burden of proving fault.

Question 49Civil Law and Civil Procedure

What is the effect of a judgment that has become final in favor of a plaintiff ordering payment of a sum?

  1. It converts the debt into a natural obligation
  2. It constitutes an enforceable title Correct answer.
  3. It extinguishes the underlying credit automatically
  4. It requires a new trial before enforcement

Explanation

A final condemnatory judgment ordering payment is an enforceable title permitting enforcement proceedings. It does not require a new trial. The credit is not extinguished but confirmed and enforceable.

Question 50Civil Law and Civil Procedure

Which of the following is a characteristic of joint and several liability (responsabilidade solidária)?

  1. Each debtor is liable only for an equal share
  2. Liability is extinguished by the death of one debtor
  3. The creditor must sue all debtors together
  4. The creditor may demand the whole debt from any one debtor Correct answer.

Explanation

In solidary liability, each debtor is liable for the entire obligation, and the creditor may choose any of them. Internally, the paying debtor may seek contribution from the others. Solidarity must arise from law or agreement.