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CONSTITUTIONAL COURTREPUBLIC OF ANGOLA

JUDGMENTS

Judgments of 2018

52 judgments decided in 2018, newest first.

  1. 524/201819 DEC 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 645-C/2018 · Rapp. Josefa Antónia dos Santos Neto

    The appellant lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment which, on an appeal brought by the defence alone, increased his sentence from eight to ten years' imprisonment…

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  2. 523/201818 DEC 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 526-C/2016 · Rapp. Carlos Magalhães

    Former employees appealed against the judgment of the Labour Chamber of the Supreme Court that held their right of action time-barred and dismissed their reinstatement claim against Sonangol EP after a collective dismissal. The…

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  3. 522/201818 DEC 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 532-A/2016 · Rapp. Maria da Conceição de Almeida Sango

    Empresa Industrial de Mosaicos, Lda. brought an extraordinary appeal on grounds of unconstitutionality against a judgment of the Civil, Administrative, Tax and Customs Chamber of the Supreme Court upholding an act of the…

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  4. 521/201818 DEC 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 582-B/2018 · Rapp. António Carlos Pinto Caetano de Sousa

    The appellant, convicted of homicide, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment which, on an appeal also brought by the prosecution, increased his sentence to 24 years'…

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  5. 520/201818 DEC 2018

    Extraordinary appeal on grounds of unconstitutionality (habeas corpus)

    Case No. 608-D/2017 · Rapp. António Carlos Pinto Caetano de Sousa

    Two citizens sentenced at first instance to 8 and 9 years' imprisonment for aggravated robbery, who had appealed with suspensive effect, challenged the Supreme Court judgment refusing them habeas corpus, alleging that their…

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  6. 519/201812 DEC 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 663-C/2018 · Rapp. Simão de Sousa Victor

    A defendant in pre-trial detention lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus application, alleging that pre-trial detention time limits had been…

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  7. 518/201811 DEC 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 663-C/2018 · Rapp. Simão de Sousa Victor

    A defendant lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus application, arguing that the pre-trial detention limit had been exceeded because the…

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  8. 517/201811 DEC 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 636-B/2018 · Rapp. Júlia de Fátima Leite Ferreira

    A citizen convicted of homicide lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court Criminal Chamber judgment setting his sentence at 14 years' imprisonment, invoking breach of the…

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  9. 516/201811 DEC 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 544-A/2017 · Rapp. Raúl Carlos Vasques Araújo

    The appellant, convicted at first instance of intentional homicide with mitigation for provocation, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment which, on the prosecution's…

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  10. 515/201815 NOV 2018

    Political parties and coalitions (appeal to the Plenary)

    Case No. 658-B/2018 · Rapp. Maria Teresinha da Silva Lopes

    The President of the CASA-CE coalition appealed to the Plenary against Judgment No. 497/2018, given at the request of five of the six coalition parties, arguing that the coalition did not have merely electoral aims and that the…

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  11. 514/201807 NOV 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 545-B/2017 · Rapp. Carlos Magalhães

    The appellant lodged an extraordinary appeal on grounds of unconstitutionality against the order of the Criminal Chamber of the Supreme Court granting him amnesty for a criminal damage offence but requiring him to pay the victim…

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  12. 513/201806 NOV 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 490-C/2015 · Rapp. António Carlos Pinto Caetano de Sousa

    A former public employee, convicted in absentia of embezzlement and forgery, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment that, after annulling the proceedings, placed him…

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  13. 512/201824 OCT 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 598-B/2017 · Rapp. Carlos Magalhães

    A citizen convicted of rape brought an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment that increased his sentence to nine years' imprisonment, invoking the principles of equality,…

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  14. 511/201823 OCT 2018

    Political parties and coalitions

    Case No. 625-C/2018 · Rapp. Guilhermina Contreiras da Costa Prata

    Members of the FNLA Central Committee challenged disciplinary measures imposed by the party President, on the Secretary-General's proposal, on members of the Political Bureau, alleging breach of the party statutes on the bodies…

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  15. 510/201818 OCT 2018

    Ordinary appeal on grounds of unconstitutionality

    Case No. 609-C/2017 · Rapp. Américo Maria de Morais Garcia

    A lawyer lodged an ordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding the Angolan Bar Association's refusal to lift his professional secrecy so that he could reply in the media on behalf…

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  16. 509/201816 OCT 2018

    Political parties and coalitions

    Case No. 626-D/2018 · Rapp. Júlia de Fátima Leite Ferreira

    Members of the Frente Nacional de Libertação de Angola (FNLA) challenged the meetings of the Political Bureau on 9 February 2018 and of the Central Committee on 10–11 February 2018, convened by the party President, alleging…

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  17. 508/201816 OCT 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 610-D/2017 · Rapp. Josefa Antónia dos Santos Neto

    The appellant, convicted at first instance of the rape of a minor, a conviction upheld by the Supreme Court, brought an extraordinary appeal on grounds of unconstitutionality alleging breach of the presumption of innocence owing…

  18. 507/201803 OCT 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 652-D/2018 · Rapp. Américo Maria de Morais Garcia

    The appellant, in pre-trial detention during his trial, brought an extraordinary appeal on grounds of unconstitutionality against a judgment of the Criminal Chamber of the Supreme Court refusing his habeas corpus application,…

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  19. 506/201803 OCT 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 621 - C/2018 · Rapp. Maria Teresinha da Silva Lopes

    The appellant, held in pre-trial detention since December 2016, lodged an extraordinary appeal on grounds of unconstitutionality against the decision of the Criminal Chamber of the Supreme Court refusing his habeas corpus…

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  20. 505/201803 OCT 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 633-C/2018 · Rapp. Carlos Magalhães

    A citizen sentenced to 3 years' imprisonment for preparatory acts relating to a terrorist organisation appealed against the Supreme Court judgment refusing his habeas corpus application, alleging a breach of Article 65(4) of the…

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  21. 504/201803 OCT 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 646-D/2018 · Rapp. Carlos Magalhães

    Several citizens lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding their 3-year prison sentence for forming a terrorist organisation, invoking the principles of…

  22. 503/201826 SEP 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 638-D/2018 · Rapp. Guilhermina Contreiras da Costa Prata

    A defendant in pre-trial detention lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus application, arguing that keeping him detained while his…

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  23. 502/201826 SEP 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 644-B/2018 · Rapp. Josefa Antónia dos Santos Neto

    A defendant convicted at first instance lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court Criminal Chamber judgment refusing his habeas corpus application, alleging excessive pre-trial…

  24. 501/201819 SEP 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 599-C/2017 · Rapp. Maria Teresinha da Silva Lopes

    The appellant, the defendant in an eviction action, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court order declaring her appeal abandoned for non-payment of court fees and a fine. The Court…

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  25. 500/201819 SEP 2018

    Political parties and coalitions

    Case No. 622-D/2018 · Rapp. Júlia de Fátima Leite Ferreira

    The Installing Committee of the Partido Pomba Branca (PPB) appealed to the Plenary against the order of the President of the Court rejecting the party's registration and cancelling its accreditation for lack of the minimum 7,500…

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  26. 499/201804 SEP 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 630-D/2018 · Rapp. Josefa Antónia dos Santos Neto

    The appellant, who had been dismissed on disciplinary grounds, lodged an extraordinary appeal on grounds of unconstitutionality against the judgment of the Labour Chamber of the Supreme Court upholding the dismissal of the case…

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  27. 498/201804 SEP 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 635-A/2018 · Rapp. Simão de Sousa Victor

    A citizen lodged an extraordinary appeal on grounds of unconstitutionality against a conviction handed down in summary proceedings by the Ingombota Municipal Court without the testimony being recorded in writing, invoking, among…

  28. 497/201814 AUG 2018

    Political parties and coalitions

    Case No. 643-A/2018 · Rapp. Raúl Carlos Vasques Araújo

    Five parties belonging to the CASA-CE coalition (PADDA-AP, PALMA, PPA, PNSA and PDP-ANA) brought proceedings against the coalition, challenging the presence of independents on its Presidential Council and the management of its…

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  29. 496/201814 AUG 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 597-A/2018 · Rapp. Américo Maria de Morais Garcia

    A citizen sentenced to imprisonment for aggravated theft lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment upholding his conviction, invoking the presumption of innocence, the…

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  30. 495/201814 AUG 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 641-C/2018 · Rapp. Américo Maria de Morais Garcia

    Kosmos, Lda., a tenant ordered to vacate premises for non-payment of rent, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment rejecting its complaint, alleging breach of the…

  31. 494/201801 AUG 2018

    Appeal to the Plenary

    Case No. 639-A/2018 · Rapp. Américo Maria de Morais Garcia

    The Embassy of the Democratic Republic of the Congo appealed to the Plenary against the order of the President of the Court refusing to admit its extraordinary appeal on grounds of unconstitutionality against a Supreme Court…

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  32. 493/201801 AUG 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 620-B/2018 · Rapp. Maria Teresinha da Silva Lopes

    The appellant, in pre-trial detention on suspicion of homicide, appealed against the Supreme Court judgment refusing her habeas corpus application, alleging that the detention time limit had been exceeded and that her arrest was…

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  33. 492/201811 JUL 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 617-C/2017 · Rapp. Simão de Sousa Victor

    Two defendants brought an extraordinary appeal on grounds of unconstitutionality against a judgment of the Criminal Chamber of the Supreme Court convicting them of fraud, invoking the rights of defence and to a fair trial. The…

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  34. 491/201811 JUL 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 619-A/2018 · Rapp. Simão de Sousa Victor

    The appellant, acquitted at first instance and later sentenced by the Supreme Court to 16 years' imprisonment, lodged an extraordinary appeal on grounds of unconstitutionality, invoking the adversarial principle, the prohibition…

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  35. 490/201810 JUL 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 629-C/2018 · Rapp. Simão de Sousa Victor

    The appellant, convicted at first instance of involuntary homicide, challenged the Supreme Court judgment sentencing him to 8 years for intentional homicide, alleging reformatio in pejus and breaches of the accusatory and…

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  36. 489/201810 JUL 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 628-B/2018 · Rapp. —

    A father lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment awarding parental authority over his children to their maternal grandparents, invoking the best interests of the child,…

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  37. 488/201805 JUL 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 548-A/2017 · Rapp. Simão de Sousa Victor

    A citizen lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court order that extinguished criminal proceedings under an amnesty but made that benefit conditional on paying civil compensation…

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  38. 487/201804 JUL 2018

    Appeal to the Plenary

    Case No. 616-B/2017 · Rapp. Américo Maria de Morais Garcia

    Five citizens appealed to the Plenary against the order of the President of the Constitutional Court rejecting their extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment ordering their eviction,…

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  39. 486/201803 JUL 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 533-B/2016 · Rapp. Guilhermina Contreiras da Costa Prata

    A worker lodged an extraordinary appeal on grounds of unconstitutionality against a judgment of the Labour Chamber of the Supreme Court that treated his dismissal, made without disciplinary proceedings, as unfounded rather than…

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  40. 485/201803 JUL 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 580-D/2017 · Rapp. Carlos Magalhães

    The appellant brought an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing him habeas corpus, arguing that his ordinary appeal with suspensive effect prevented his return to prison.…

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  41. 484/201821 JUN 2018

    Ordinary appeal on grounds of unconstitutionality

    Case No. 587-C/2017 · Rapp. Américo Maria de Morais Garcia

    The company Mota e Irmãos, SA lodged an ordinary appeal on grounds of unconstitutionality against the judgment of the Plenary of the Supreme Court upholding the confiscation of its properties, ordered by joint ministerial order…

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  42. 483/201808 MAY 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 606-B/2017 · Rapp. Raúl Carlos Vasques Araújo

    An elderly tenant couple lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment rejecting their action to annul the sale, without regard to their alleged right of first refusal, of the…

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  43. 482/201808 MAY 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 602-B/2017 · Rapp. Raúl Carlos Vasques Araújo

    Grupo Caxombo, Limitada, brought an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding a ruling based on its failure to file a defence, invoking the rights of defence and to a fair…

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  44. 481/201808 MAY 2018

    Appeal to the Plenary

    Case No. 611-A/2017 · Rapp. Américo Maria de Morais Garcia

    A citizen, a co-defendant in criminal proceedings, appealed to the Plenary against the order of the President of the Court rejecting, for lack of standing, his complaint against Judgment No. 464/2017, delivered on another…

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  45. 480/201808 MAY 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 605-A/2017 · Rapp. Maria Teresinha da Silva Lopes

    Two citizens convicted at first instance and kept in custody lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing habeas corpus, invoking the rights to liberty and to habeas…

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  46. 479/201828 MAR 2018

    Political parties and coalitions

    Case No. 607-C/2017 · Rapp. Raúl Carlos Vasques Araújo

    A member of the Partido de Renovação Social (PRS) asked the Court to declare the party's Fourth Congress null and void, alleging irregularities in the selection of delegates in several provinces and missing signatures on the…

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  47. 478/201828 MAR 2018

    Political parties and coalitions

    Case No. 584-D/2017 · Rapp. Américo Maria de Morais Garcia

    A citizen applied for an unspecified interim measure to prevent the annotation of the 4th Ordinary Congress of the Partido de Renovação Social (PRS), alleging that the leadership had altered congress resolutions by replacing the…

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  48. 477/201806 MAR 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 581-A/2017 · Rapp. Maria Teresinha da Silva Lopes

    The company BCI – Imobiliária brought an extraordinary appeal on grounds of unconstitutionality against a judgment of the Labour Chamber of the Supreme Court ordering it to pay wages and compensation to a former employee,…

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  49. 476/201806 MAR 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 583-C/2017 · Rapp. Américo Maria de Morais Garcia

    Star Park, S.A. lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment dismissing its interlocutory appeal (agravo). During the proceedings, the appellant asked for the case to be…

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  50. 475/201821 FEB 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 557-B/2017 · Rapp. Américo Maria de Morais Garcia

    A citizen lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment refusing his habeas corpus application, alleging breaches of the right to a fair trial, the presumption of innocence…

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  51. 474/201821 FEB 2018

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 588-D/2017 · Rapp. Simão de Sousa Victor

    A citizen lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment of 10 October 2016 in a dispute over the occupation of a property, alleging breach of the principles of a fair trial,…

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  52. 473/201818 JAN 2018

    Request for clarification

    Case No. 540-A/2017 · Rapp. Maria Teresinha da Silva Lopes

    Rádio Nacional de Angola requested clarification of Judgment No. 463/2017, which had dismissed its ordinary appeal on grounds of unconstitutionality against an order of the Luanda Provincial Court upholding the attachment of a…

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