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Angola Judicial Magistrate Entrance Exam study materials
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Angola Judicial Magistrate Entrance Exam practice questions

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Question 1Constitutional Law and Fundamental Rights

Under the Constitution of the Republic of Angola, sovereignty resides in which entity?

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

Explanation

Angolan constitutionalism locates sovereignty in the people, from whom all public power derives. State organs exercise powers delegated by the people under the Constitution, not sovereign authority of their own.

Question 2Constitutional Law and Fundamental Rights

Which constitutional principle requires that all public acts conform to the Constitution, which stands at the apex of the legal order?

  1. The principle of the primacy of the Constitution Correct answer.
  2. The principle of popular participation
  3. The principle of separation of powers
  4. The principle of legality of administration

Explanation

The primacy of the Constitution means all laws and state acts must conform to it, and unconstitutional norms are invalid. It establishes the Constitution as the supreme norm of the legal order.

Question 3Constitutional Law and Fundamental Rights

The Angolan Constitution guarantees the right to life. Which statement best reflects its treatment of the death penalty?

  1. The death penalty is permitted during a declared state of emergency
  2. The death penalty is prohibited Correct answer.
  3. The death penalty is permitted for treason in wartime
  4. The death penalty is permitted only for aggravated murder

Explanation

The Angolan Constitution protects the right to life and expressly abolishes the death penalty in all circumstances. No state of emergency or wartime exception revives it.

Question 4Constitutional Law and Fundamental Rights

Which body is constitutionally empowered to review the constitutionality of laws in Angola?

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

Explanation

The Constitution establishes the Constitutional Court as the organ with jurisdiction over constitutional review. It decides questions of constitutionality of norms and related matters.

Question 5Constitutional Law and Fundamental Rights

A fundamental right that may not be restricted even during a state of siege or emergency is described as which type of right?

  1. An inviolable right Correct answer.
  2. A collective right
  3. A programmatic right
  4. A relative right

Explanation

Inviolable rights are those the Constitution protects absolutely, so they cannot be suspended or restricted even under states of emergency or siege. Examples include the right to life and protection against torture.

Question 6Constitutional Law and Fundamental Rights

A law restricts a fundamental right by administrative regulation. Which criterion is central to assessing whether the restriction is constitutionally legitimate?

  1. Whether the restriction is expressly authorized by the Constitution and respects proportionality Correct answer.
  2. Whether the restriction has been published in the official gazette
  3. Whether the restriction is applied uniformly across all provinces
  4. Whether the regulation was approved by a simple majority in the National Assembly

Explanation

Fundamental rights may be restricted only where the Constitution so allows, by law, and in a manner that respects necessity and proportionality while preserving the essential content of the right. Publication and uniform application are formal matters that do not by themselves make a restriction legitimate.

Question 7Constitutional Law and Fundamental Rights

Which right protects a person from being compelled to answer questions about facts for which they could be criminally liable?

  1. The right against self-incrimination Correct answer.
  2. The right to freedom of expression
  3. The right to personal freedom
  4. The right to privacy

Explanation

The privilege against self-incrimination shields individuals from being forced to testify against themselves in criminal proceedings. It complements the presumption of innocence and the right to defense.

Question 8Constitutional Law and Fundamental Rights

The presumption of innocence in Angolan constitutional law means that a person accused of a crime is treated as innocent until when?

  1. Until the trial court opens proceedings
  2. Until the accused admits guilt
  3. Until a final conviction is established Correct answer.
  4. Until the police complete their investigation

Explanation

The presumption of innocence requires that an accused be treated as innocent until a final and firm conviction is issued by a competent court. It governs the entire criminal process, including pre-trial stages.

Question 9Constitutional Law and Fundamental Rights

Which characteristic distinguishes a fundamental right from an ordinary legal entitlement?

  1. Fundamental rights are always enforceable without any implementing legislation
  2. Fundamental rights are available only to citizens
  3. Fundamental rights derive from and are guaranteed by the Constitution Correct answer.
  4. Fundamental rights can be amended by ordinary statute

Explanation

Fundamental rights are those entrenched in the Constitution and thus benefit from constitutional protection and rank. Ordinary entitlements arise from statutes and may be altered by ordinary legislation.

Question 10Constitutional Law and Fundamental Rights

Which of the following is a collective or solidarity right recognized in the Angolan constitutional framework?

  1. The right to property
  2. The right to a healthy environment Correct answer.
  3. The right to strike
  4. The right to marry

Explanation

Solidarity or third-generation rights include the right to a balanced environment and sustainable development, held by the community at large. Property, marriage, and strike are individual or labor rights.

Question 11Constitutional Law and Fundamental Rights

The principle of separation of powers in Angola means that legislative, executive, and judicial functions are distributed among distinct organs. Which statement best captures the constitutional design?

  1. The legislature may direct individual court decisions
  2. The organs are separate but cooperate and check one another Correct answer.
  3. The organs are entirely independent and never interact
  4. The executive supervises the courts to ensure efficiency

Explanation

Separation of powers entails distinct organs with separate functions that cooperate and mutually check one another to prevent concentration of power. It is not absolute isolation, nor does it permit one branch to dictate judicial outcomes.

Question 12Constitutional Law and Fundamental Rights

A citizen wishes to challenge an allegedly unconstitutional provision of a statute. Under the constitutional framework, which route is most directly available?

  1. Requesting the National Assembly to annul the provision
  2. Filing a complaint with the Public Prosecutor's Office
  3. Bringing the matter before the Constitutional Court through the constitutionality review mechanisms Correct answer.
  4. Petitioning the President to repeal the provision

Explanation

Constitutional review of legislation is the province of the Constitutional Court, which may be seized through the mechanisms the Constitution provides. Other organs may participate in the political process but do not adjudicate constitutionality.

Question 13Constitutional Law and Fundamental Rights

The right to freedom of expression in Angola may lawfully be limited by law in order to protect which of the following?

  1. The reputation and rights of others Correct answer.
  2. The personal preferences of public officials
  3. The commercial interests of state enterprises
  4. The political program of the governing party

Explanation

Freedom of expression may be limited by law to protect legitimate interests such as the rights and reputation of others, national security, or public order, subject to necessity and proportionality. Limitations must not serve partisan or purely private interests.

Question 14Constitutional Law and Fundamental Rights

Which of the following best describes a programmatic constitutional norm?

  1. A norm that governs the amendment of the Constitution
  2. A norm that sets a social goal requiring progressive implementation by the state Correct answer.
  3. A norm that creates an immediately enforceable individual claim
  4. A norm that organizes the structure of a state organ

Explanation

Programmatic norms establish social and economic objectives, such as access to health or housing, that the state must pursue progressively according to available resources. They guide policy and can inform interpretation even where they do not create immediate individual claims.

Question 15Constitutional Law and Fundamental Rights

A person detained by police is not informed of the reasons for detention. Which constitutional guarantee is most directly engaged?

  1. The right to freedom of movement across borders
  2. The right to vote
  3. The right to freedom of assembly
  4. The right to be informed promptly of the reasons for detention Correct answer.

Explanation

Persons deprived of liberty have the right to be informed promptly, in a language they understand, of the reasons for detention and the charges against them. This safeguard enables effective defense and judicial review of detention.

Question 16Constitutional Law and Fundamental Rights

Which of the following is a core element of the right to a fair trial in constitutional law?

  1. The right to choose the presiding judge
  2. The right to an independent and impartial tribunal Correct answer.
  3. The right to waive all procedural safeguards
  4. The right to be tried by a jury in every case

Explanation

A fair trial requires adjudication by an independent, impartial, and previously established tribunal, along with guarantees such as the right to defense and adversarial proceedings. Jury trial is not a universal constitutional requirement, and parties cannot dispense with essential safeguards.

Question 17Constitutional Law and Fundamental Rights

The Constitution recognizes the family as a fundamental element of society. Which constitutional orientation best reflects this recognition?

  1. The state protects the family and the rights of its members Correct answer.
  2. The state may dissolve families that do not meet economic criteria
  3. The state replaces parental authority in all matters
  4. The state recognizes only civil marriages

Explanation

The Constitution affords protection to the family as a basic unit of society and safeguards the rights of its members, including children. State protection does not authorize arbitrary dissolution or wholesale substitution of parental authority.

Question 18Constitutional Law and Fundamental Rights

The right to property under the Angolan Constitution is best characterized as which of the following?

  1. A right available only to state entities
  2. An absolute right that can never be limited
  3. A right that excludes all forms of taxation
  4. A right that may be subject to expropriation for public use with compensation under law Correct answer.

Explanation

Property is constitutionally protected but not absolute; expropriation for public use may occur under the law with fair compensation. Taxation and regulation are also compatible with the social function of property.

Question 19Constitutional Law and Fundamental Rights

Which constitutional guarantee most directly protects a citizen against being tried twice for the same offense?

  1. The principle of ne bis in idem Correct answer.
  2. The principle of publicity of proceedings
  3. The principle of proportionality
  4. The principle of legality

Explanation

Ne bis in idem prohibits a person from being tried or punished more than once for the same facts. It is a criminal-procedure guarantee linked to legal certainty and the protection of the individual.

Question 20Constitutional Law and Fundamental Rights

The Constitution guarantees freedom of conscience and religion. Which statement best describes the state's constitutional posture toward religion?

  1. The state is secular and does not privilege any religion Correct answer.
  2. The state requires religious instruction in all public schools
  3. The state prohibits public religious expression
  4. The state adopts one official religion and funds it exclusively

Explanation

The Angolan Constitution establishes a secular state that does not adopt or privilege any religion and guarantees freedom of conscience, belief, and worship. Public religious expression is protected, and the state does not impose religious instruction.

Question 21Constitutional Law and Fundamental Rights

A group of citizens wishes to form a political party. Which constitutional right most directly supports this action?

  1. The right to health
  2. The right to work
  3. The right to property
  4. The right to freedom of association Correct answer.

Explanation

Forming political parties is an exercise of freedom of association and political participation. The Constitution guarantees citizens the right to associate freely, including for political purposes.

Question 22Constitutional Law and Fundamental Rights

Which statement correctly describes the relationship between international human rights treaties ratified by Angola and domestic constitutional law?

  1. Ratified treaties have no effect in domestic law
  2. Ratified treaties apply only to foreign nationals
  3. Ratified treaties are incorporated and inform rights protection, subject to the Constitution Correct answer.
  4. Ratified treaties automatically prevail over the Constitution

Explanation

Ratified international human rights treaties are incorporated into domestic law and inform the interpretation and protection of rights, while the Constitution retains supremacy. They do not override the Constitution, and they benefit all persons within the state.

Question 23Constitutional Law and Fundamental Rights

The essential content of a fundamental right may not be affected by a restricting law. What does this rule protect?

  1. The territorial scope of the restricting law
  2. The core of the right that must survive any limitation Correct answer.
  3. The formal publication of the restricting law
  4. The procedural majority required to enact the law

Explanation

The guarantee of essential content ensures that a limitation may not empty a right of its substance. Even where restriction is permitted, the core of the right must remain intact.

Question 24Constitutional Law and Fundamental Rights

A statute grants the executive power to restrict a fundamental right by decree with no legislative authorization and no defined limits. Which constitutional objection is strongest?

  1. The decree procedure is too slow to be effective
  2. The statute should have been approved by referendum
  3. The restriction lacks a legal basis with defined limits, violating the reservation of law for rights Correct answer.
  4. The decree should have been published in more languages

Explanation

Rights restrictions require an adequate legal basis, typically through law, with sufficiently clear limits and safeguards. Delegating open-ended restriction power to the executive undermines the reservation of law and the protection of rights.

Question 25Constitutional Law and Fundamental Rights

Which principle governs the interpretation of constitutional norms on fundamental rights when a doubt arises about the scope of a right?

  1. The restrictive interpretation of rights in favor of state authority
  2. The interpretation that minimizes judicial intervention
  3. The principle of maximum protection of the person, favoring the broader reading of the right Correct answer.
  4. The literal interpretation of the text without regard to international standards

Explanation

Constitutional interpretation of rights favors the maximum protection of human dignity and the person, often called the pro persona principle. This approach reads rights broadly and limitations narrowly, drawing on constitutional and international standards.

Question 26Constitutional Law and Fundamental Rights

Under the Angolan Constitution, which body has primary responsibility for guarding the Constitution and ensuring that laws and normative acts comply with it?

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

Explanation

The Angolan Constitution entrusts constitutional review to a dedicated Constitutional Court, which assesses the constitutionality of laws and normative acts. Ordinary courts and political organs do not hold this specialized competence as their primary function.

Question 27Constitutional Law and Fundamental Rights

Which of the following best describes the function of a writ of habeas corpus in the Angolan constitutional order?

  1. It compels a public authority to disclose a decision affecting a person's rights
  2. It suspends the enforcement of a statute pending constitutional review
  3. It annuls a final court judgment that violates fundamental rights
  4. It protects a detained person against unlawful detention by ordering immediate release Correct answer.

Explanation

Habeas corpus is the urgent remedy available to anyone unlawfully detained, requiring the detaining authority to justify the detention before a court and ordering release if it is unlawful. It targets the legality of the detention itself rather than the content of administrative decisions or judgments.

Question 28Constitutional Law and Fundamental Rights

A public official orders the closure of a newspaper for publishing criticism of government policy, without any prior judicial decision. Which constitutional guarantee is most directly violated?

  1. The right of petition
  2. The right to freedom of movement
  3. The right to freedom of the press Correct answer.
  4. The right to private property

Explanation

Freedom of the press protects the ability to publish and circulate information and opinion without prior censorship or arbitrary administrative suppression. Closing a newspaper in retaliation for criticism directly targets that freedom. Property, petition, and movement rights are not the core guarantee engaged by suppressing a publication.

Question 29Constitutional Law and Fundamental Rights

Parliament enacts a law limiting a fundamental right, but the restriction is so broad that it removes the practical ability to exercise the right altogether. Which constitutional standard is most directly breached?

  1. The principle of non-retroactivity of criminal law
  2. The prohibition on affecting the essential content of the right Correct answer.
  3. The requirement of prior judicial authorization for all restrictions
  4. The rule that treaties prevail over ordinary statutes

Explanation

Constitutional limits on rights are valid only if they respect the essential core of the right, so a restriction that empties the right of practical content is impermissible. The proportionality and necessity of the measure are assessed against that core guarantee. The other options concern unrelated doctrines.

Question 30Constitutional Law and Fundamental Rights

A citizen alleges that a final judicial decision violated her constitutional right to a fair hearing. Which constitutional remedy is designed to address violations of fundamental rights arising from a specific judicial or administrative act?

  1. A constitutional complaint (recurso de amparo) to the Constitutional Court Correct answer.
  2. A request for presidential pardon
  3. A petition for a new trial before the same court
  4. An appeal on the merits to the National Assembly

Explanation

The constitutional complaint is the specific remedy allowing individuals to bring alleged violations of their fundamental rights by concrete judicial or administrative acts before the Constitutional Court. It is distinct from ordinary appeals, which address the merits of the case rather than constitutional rights as such.

Question 31Civil Law and Civil Procedure

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

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

Explanation

Full capacity to exercise civil rights (capacidade de exercício) is generally acquired at 18 years of age under the Angolan Civil Code. Emancipation may occur earlier through marriage with court authorization. Minors remain subject to guardianship until that threshold.

Question 32Civil Law and Civil Procedure

Which of the following is generally required for a valid contract under the Angolan Civil Code?

  1. Registration at the land registry
  2. Notarization by a public notary
  3. Written form for every contract
  4. Consent of the parties, capacity, and a lawful object Correct answer.

Explanation

A valid contract requires consent, capacity of the parties, a lawful and possible object, and a lawful form where the law demands it. Freedom of form is the general rule. Notarization and registration are required only in specific cases.

Question 33Civil Law and Civil Procedure

In Angolan civil procedure, which court generally has competence to try a civil action in the first instance where the value of the claim is low?

  1. The Constitutional Court
  2. The Municipal Court Correct answer.
  3. The Supreme Court
  4. The Provincial Court

Explanation

Municipal courts (tribunais municipais) are the base-level courts with general first-instance competence over smaller civil claims. Provincial courts hear more significant matters and appeals. The Supreme Court and Constitutional Court sit at the apex.

Question 34Civil Law and Civil Procedure

What is the general prescription period for ordinary civil claims under the Angolan Civil Code?

  1. Twenty years Correct answer.
  2. Thirty years
  3. Five years
  4. Ten years

Explanation

The ordinary prescription period for civil claims is twenty years unless the law provides a special shorter period. Shorter periods apply to specific matters such as rents or commercial obligations. Prescription extinguishes the right to demand performance.

Question 35Civil Law and Civil Procedure

A person who possesses a thing in good faith and in the belief of ownership may, under certain conditions, acquire it by usucapião. What does usucapião refer to?

  1. Loss of ownership through abandonment
  2. Extinction of a debt by lapse of time
  3. Transfer of ownership by gift
  4. Acquisition of ownership through prolonged possession Correct answer.

Explanation

Usucapião (adverse possession) allows a possessor to acquire ownership through uninterrupted possession for the period and conditions the law prescribes. It converts factual possession into a legal title. Good faith and a just title may shorten the required period.

Question 36Civil Law and Civil Procedure

In civil procedure, what is the purpose of the petição inicial (statement of claim)?

  1. To appeal a final judgment
  2. To enforce a prior judgment
  3. To state the facts, legal grounds, and the relief sought by the plaintiff Correct answer.
  4. To record the testimony of witnesses

Explanation

The statement of claim opens the action by identifying the parties, setting out the facts and legal grounds, and stating the relief requested. It frames the dispute before the court. Defects may lead to an invitation to correct or to rejection.

Question 37Civil Law and Civil Procedure

Which of the following best describes the principle of contraditório in Angolan civil procedure?

  1. Each party must be given the opportunity to respond to the other's arguments Correct answer.
  2. Proceedings are always confidential
  3. Only the plaintiff may present evidence
  4. The judge may decide without hearing the parties

Explanation

Contraditório guarantees the right of each party to be heard and to respond to the opposing party's case. It is a corollary of the right to a fair hearing. Decisions reached without giving a party this opportunity may be annulled.

Question 38Civil Law and Civil Procedure

What is the effect of a resolutory condition in a contract?

  1. It transfers ownership automatically on signing
  2. It renders the contract void from the outset
  3. It suspends the contract until the condition occurs
  4. It ends the contract's effects when the condition occurs Correct answer.

Explanation

A resolutory condition causes the contract's effects to cease when the stipulated event occurs. By contrast, a suspensive condition delays the effects until the event happens. The contract remains valid until the condition is verified.

Question 39Civil Law and Civil Procedure

A debtor fails to perform an obligation that is still possible and useful to the creditor. Which remedy allows the creditor to seek performance in court?

  1. Novação (novation)
  2. Rescisão (termination)
  3. Execução específica (specific performance) Correct answer.
  4. Compensação (set-off)

Explanation

When performance remains possible, the creditor may seek specific performance to obtain exactly what was promised. Termination is an alternative when the creditor no longer wants performance. Set-off and novation extinguish obligations rather than compel performance.

Question 40Civil Law and Civil Procedure

In a civil action, the plaintiff alleges facts but the defendant contests them. On whom does the burden of proof generally fall?

  1. On the public prosecutor
  2. On the judge, who must investigate independently
  3. On the defendant in all cases
  4. On the party who asserts the facts constituting the right claimed Correct answer.

Explanation

The general rule is that the party who invokes a fact as the basis of a right bears the burden of proving it. The defendant bears the burden for facts that extinguish or modify the claim. The judge may order supplementary evidence but does not replace the parties' burden.

Question 41Civil Law and Civil Procedure

Which of the following contracts must, in principle, be concluded in a special form to be valid?

  1. A contract for the sale of a movable good over the counter
  2. A lease of urban property for a short term
  3. A donation of immovable property Correct answer.
  4. A mandate to buy groceries

Explanation

Donations of immovable property require a solemn form, generally a public deed, to be valid. Many everyday contracts are consensual and require no special form. Form requirements protect certainty for significant transactions.

Question 42Civil Law and Civil Procedure

A creditor wishes to challenge acts by which the debtor fraudulently disposed of assets to avoid payment. Which action is appropriate?

  1. Ação de alimentos
  2. Ação de reivindicação
  3. Ação de despejo
  4. Ação de impugnação pauliana Correct answer.

Explanation

The ação pauliana (or revocatory action) allows a creditor to impugn fraudulent acts that diminish the debtor's patrimony to the prejudice of creditors. It requires proof of the credit and of the fraud. It does not create new rights but restores the assets to the debtor's estate.

Question 43Civil Law and Civil Procedure

In civil procedure, what is the effect of a sentença (judgment) that has become res judicata?

  1. It is automatically void after one year
  2. It is final and binding and cannot be challenged except in exceptional cases Correct answer.
  3. It may be re-litigated before another court
  4. It only binds the parties if they agree

Explanation

Res judicata makes a judgment definitive and binding, preventing re-litigation of the same claim between the same parties. Only exceptional remedies, such as review, may reopen it. This ensures legal certainty.

Question 44Civil Law and Civil Procedure

A party fails to contest the facts alleged by the other party in the pleading stage. What is the likely procedural consequence?

  1. The uncontested facts may be deemed admitted by the court Correct answer.
  2. The defendant is held in contempt
  3. The action is automatically dismissed
  4. The judge must order a new trial

Explanation

Facts that a party does not specifically contest may be considered admitted, subject to the judge's assessment and to matters the law excludes from confession. This streamlines proof. The court still verifies the legal consequences.

Question 45Civil Law and Civil Procedure

What distinguishes a real right (direito real) from an obligation right (direito de crédito)?

  1. Real rights are always temporary
  2. Real rights confer direct power over a thing and are enforceable against third parties Correct answer.
  3. Obligation rights bind all persons generally
  4. Real rights require the debtor's cooperation to be exercised

Explanation

A real right grants its holder direct and immediate power over a thing, opposable erga omnes. An obligation right entitles the creditor to demand performance from a specific debtor. This distinction affects enforceability and transfer.

Question 46Civil Law and Civil Procedure

A contract is concluded with a person who lacks capacity to exercise rights and is not legally represented. What is the general consequence?

  1. The contract is fully valid
  2. The contract is automatically converted into a donation
  3. The contract may be annullable (anulável) Correct answer.
  4. The contract binds only the represented party

Explanation

Contracts concluded by persons lacking capacity without proper representation are generally annullable rather than automatically void. Annulment protects the incapable party. The legal representative may ratify in certain circumstances.

Question 47Civil Law and Civil Procedure

In the context of civil procedure, what is the function of the despacho liminar?

  1. To hear the witnesses
  2. To set the amount of court fees only
  3. To execute the judgment
  4. To decide whether to admit the claim and order its service Correct answer.

Explanation

The despacho liminar is the initial order in which the court examines the claim and, if it meets requirements, orders service on the defendant. It may reject manifestly inadmissible claims. It sets the procedural course in motion.

Question 48Civil Law and Civil Procedure

Which of the following is a mode of extinction of obligations by operation of law where two persons are reciprocally creditor and debtor?

  1. Compensação Correct answer.
  2. Cessão de créditos
  3. Sub-rogação
  4. Promessa

Explanation

Compensação (set-off) extinguishes reciprocal obligations up to the amount of the smaller debt when the requirements are met. It operates automatically or by declaration depending on the circumstances. Assignment and subrogation transfer credits rather than extinguish them.

Question 49Civil Law and Civil Procedure

A tenant fails to pay rent for several months. Which procedural action may the landlord bring to recover possession?

  1. Ação de divórcio
  2. Ação de filiação
  3. Ação de despejo Correct answer.
  4. Ação de inventário

Explanation

The ação de despejo is the eviction action used to recover leased property, including for non-payment of rent. It follows a special procedure with specific requirements. Other listed actions concern family and succession matters.

Question 50Civil Law and Civil Procedure

What is the legal nature of possession (posse) as distinguished from ownership (propriedade)?

  1. Possession can only be held by the owner
  2. Possession is identical to ownership
  3. Possession is the factual control over a thing, which may or may not coincide with ownership Correct answer.
  4. Possession is always illegal

Explanation

Possession is the factual power over a thing exercised as if one were the owner, whereas ownership is the full legal right. A possessor may be a non-owner, such as a tenant. Possession can lead to ownership through usucapião.