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CONSTITUTIONAL COURTREPUBLIC OF ANGOLA

JUDGMENTS

Judgments of 2019

52 judgments decided in 2019, newest first.

  1. 593/201919 DEC 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 720-D/2019 · Rapp. Maria da Conceição de Almeida Sango

    The appellant brought an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment which, at the prosecution's request, increased his sentence from 6 to 12 years' imprisonment. The Court rejected the…

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  2. 592/201919 DEC 2019

    Political parties and coalitions

    Case No. 662-B/2018 · Rapp. Guilhermina Contreiras da Costa Prata

    A member of the FNLA asked the Constitutional Court to remove the party's President and to set up a management committee, alleging repeated breaches of the party's statutes and a refusal to reunify the party. The Court did not…

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  3. 591/201919 DEC 2019

    Political parties and coalitions

    Case No. 715-C/2019 · Rapp. Guilhermina Contreiras da Costa Prata

    FNLA members appealed against an order of the President of the Constitutional Court refusing to record the party's Inclusive Extraordinary Congress of June 2018, alleging an error by the Political Parties Office and inaction by…

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  4. 590/201919 DEC 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 649-A/2018 · Rapp. Guilhermina Contreiras da Costa Prata

    A citizen appealed against a Supreme Court judgment refusing his habeas corpus application, alleging that his pre-trial detention without a first-instance conviction had exceeded the legal limit and that effective judicial…

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  5. 589/201919 DEC 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 742-B/2019 · Rapp. Simão de Sousa Victor

    A citizen convicted of intentional homicide lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment upholding his conviction, alleging lack of evidence, breach of the right to a fair…

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  6. 588/201919 DEC 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 730-B/2019 · Rapp. Simão de Sousa Victor

    A detained defendant lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus application, invoking the right to habeas corpus, the principle of legality and the…

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  7. 586/201917 DEC 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 729-A/2019 · Rapp. Maria de Fátima de Lima d'Almeida Baptista da Silva

    The appellant, a member of the National Assembly, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding coercive measures imposed by the Public Prosecution Service (statement…

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  8. 585/201917 DEC 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 734-B/2019 · Rapp. Júlia de Fátima Leite Ferreira

    Cabinda Gulf Oil Company Limited – Angola Branch appealed against the judgment of the Labour Chamber of the Supreme Court finding that an employee's rights to be heard and to a defence had been breached because he was given less…

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  9. 584/201917 DEC 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 647-A/2018 · Rapp. Júlia de Fátima Leite Ferreira

    A dismissed employee brought an extraordinary appeal on grounds of unconstitutionality against a clarification and amendment judgment of the Labour Chamber of the Supreme Court which, revoking an earlier decision in his favour,…

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  10. 583/201919 NOV 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 726-B/2019 · Rapp. Simão de Sousa Victor

    A citizen and a school, defendants in enforcement proceedings for payment of a sum of money, appealed for harmonisation of case law, alleging a conflict between Judgment No. 559/2019, which had not admitted their ordinary appeal…

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  11. 582/201919 NOV 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 721-A/2019 · Rapp. Simão de Sousa Victor

    The appellant, given a suspended sentence for bodily harm and damage, was detained after the first-instance court rejected his appeal without notifying him, and appealed against the Supreme Court judgment refusing him habeas…

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  12. 581/201929 OCT 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 695-C/2019 · Rapp. Carlos Magalhães

    A citizen lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment increasing her sentence from 20 to 23 years' imprisonment, invoking the prohibition of reformatio in pejus. In its…

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  13. 580/201929 OCT 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 660-D/2018 · Rapp. Carlos Magalhães

    A citizen sentenced to 23 years' imprisonment lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment upholding his conviction, arguing that he had been convicted solely on statements…

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  14. 579/201929 OCT 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 700-D/2019 · Rapp. Carlos Magalhães

    A defendant committed for trial for attempted aggravated robbery lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court Criminal Chamber judgment refusing his habeas corpus application,…

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  15. 578/201929 OCT 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 717-A/2019 · Rapp. Carlos Magalhães

    The appellant, convicted at first instance and held in pre-trial detention pending his ordinary appeal, lodged an extraordinary appeal on grounds of unconstitutionality against a judgment of the Criminal Chamber of the Supreme…

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  16. 577/201929 OCT 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 708-D/2019 · Rapp. Carlos Magalhães

    The appellant brought an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment rejecting his habeas corpus application, arguing that his pre-trial detention was excessive and not based on…

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  17. 576/201929 OCT 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 672-D/2018 · Rapp. Carlos Magalhães

    Two appellants, held in pre-trial detention for more than ten months, lodged an extraordinary appeal on grounds of unconstitutionality against the judgment of the Criminal Chamber of the Supreme Court rejecting their habeas…

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  18. 575/201910 OCT 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 706-B/2019 · Rapp. Josefa Antónia dos Santos Neto

    Cabinda Gulf Oil Company lodged an extraordinary appeal on grounds of unconstitutionality against a judgment of the Labour Chamber of the Supreme Court which declined to hear its appeal in a workplace accident case, finding its…

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  19. 574/201910 OCT 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 739-C/2019 · Rapp. Maria da Conceição de Almeida Sango

    Two defendants held in pre-trial detention for more than nine months without charge appealed against a Supreme Court judgment refusing their habeas corpus application for lack of information on the state of the proceedings,…

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  20. 573/201902 OCT 2019

    Political parties and coalitions

    Case No. 711-C/2019 · Rapp. António Carlos Pinto Caetano de Sousa

    Members of the PDP-ANA Political Bureau challenged the Central Committee's 3rd Ordinary Meeting of 12 March 2019 and its resolutions, alleging lack of quorum, irregular notice, inclusion of non-elected members, unlawful removal…

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  21. 572/201902 OCT 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 704-D/2019 · Rapp. António Carlos Pinto Caetano de Sousa

    A citizen fined in summary proceedings lodged an extraordinary appeal on grounds of unconstitutionality directly against the Luanda Provincial Court's sentence, alleging he had only a court-appointed defender and invoking the…

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  22. 571/201902 OCT 2019

    Political parties and coalitions

    Case No. 713-A/2019 · Rapp. Raúl Carlos Vasques Araújo

    Members of the FNLA Central Committee appealed against Judgment No. 548/2019, which had dismissed their challenge to the 7th Ordinary Meeting of the Political Bureau of 22 December 2017, alleging lack of quorum and proper notice,…

  23. 570/201901 OCT 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 681-A/2018 · Rapp. António Carlos Pinto Caetano de Sousa

    The appellant, sentenced to 18 years' imprisonment, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding his conviction, alleging arrest without a warrant, lack of evidence…

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  24. 569/201901 OCT 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 618-D/2017 · Rapp. Júlia de Fátima Leite Ferreira

    The National Bank of Angola (BNA) brought an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment declaring several offences, including fraud, covered by amnesty, and later applied to withdraw,…

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  25. 568/201904 SEP 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 731-C/2019 · Rapp. Raúl Carlos Vasques Araújo

    A candidate in the public competition based on professional record for a Justice of the Constitutional Court brought an extraordinary appeal on grounds of unconstitutionality against Plenary Resolutions No. 16/19 and No. 17/19 on…

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  26. 567/201931 JUL 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 699-C/2019 · Rapp. Maria Teresinha da Silva Lopes

    The appellant, who had challenged his dismissal in labour proceedings, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court Labour Chamber judgment upholding the rejection, as late, of his…

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  27. 566/201931 JUL 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 698-B/2019 · Rapp. Maria Teresinha da Silva Lopes

    The company Bricomil – Construção Civil e Obras Públicas, SA appealed against the Supreme Court judgment which, in an action for the return of a construction site, upheld an objection of lack of legal representation and dismissed…

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  28. 565/201931 JUL 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 668-D/2018 · Rapp. Guilhermina Contreiras da Costa Prata

    A citizen lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment which, partly reversing his acquittal at first instance, sentenced him to 10 years and six months' imprisonment for…

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  29. 563/201931 JUL 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 640-B/2016 · Rapp. Guilhermina Contreiras da Costa Prata

    A citizen lodged an extraordinary appeal on grounds of unconstitutionality against an order of the Benguela Provincial Court which, in third-party joinder proceedings, refused as out of time her appeal to the Supreme Court; she…

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  30. 562/201930 JUL 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 667-C/2019 · Rapp. Américo Maria de Morais Garcia

    The company Angoajisa – Comércio Geral, Lda. lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment declaring its commercial lease void for lack of a notarial deed, invoking the…

  31. 561/201930 JUL 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 703-C/2019 · Rapp. Maria Teresinha da Silva Lopes

    The appellant, a serviceman convicted of violence against a subordinate resulting in a soldier's death, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Military Court judgment upholding an…

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  32. 558/201903 JUL 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 693-A/2019 · Rapp. Raúl Carlos Vasques Araújo

    The appellant brought an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding his conviction for fraud, alleging breaches of the principles of legality, of equality, since a…

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  33. 556/201919 JUN 2019

    Political parties and coalitions

    Case No. 650-B/2018 · Rapp. Américo Maria de Morais Garcia

    An FNLA member challenged the party's 2nd Extraordinary Congress, held in Huambo in June 2018. The party raised lis pendens. The Court held that the matter had already been decided in Judgment No. 543/2019, which invalidated that…

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  34. 557/201917 JUN 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 682-B/2019 · Rapp. Maria da Conceição de Almeida Sango

    Velosi Angola, Lda lodged an extraordinary appeal on grounds of unconstitutionality against the judgment of the Labour Chamber of the Supreme Court which, in a labour dispute over overtime, declined to hear its appeal on the…

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  35. 555/201904 JUN 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 690-B/2019 · Rapp. Américo Maria de Morais Garcia

    A candidate whose application in the 2019 competition for appeal judges in Luanda and Benguela was rejected as late appealed against the Supreme Court's failure to rule on her request to suspend the competition, invoking…

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  36. 554/201904 JUN 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 659-C/2018 · Rapp. Josefa Antónia dos Santos Neto

    Cabinda Gulf Oil Company lodged an extraordinary appeal on grounds of unconstitutionality against the judgment of the Supreme Court Labour Chamber which, in disciplinary proceedings where a worker's dismissal had been annulled,…

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  37. 553/201922 MAY 2019

    Appeal to the Plenary (against the President's order)

    Case No. 666-B/2018 · Rapp. Júlia de Fátima Leite Ferreira

    The Installation Committee of PODEMOS-JA appealed to the Plenary against the order of the President of the Court rejecting the party's registration and cancelling the committee's accreditation for lack of signatures, valid…

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  38. 552/201922 MAY 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 697-A/2019 · Rapp. Raúl Carlos Vasques Araújo

    The appellant, who claimed to be a member of the National Assembly, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus application and upholding his…

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  39. 551/201922 MAY 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 685-A/2019 · Rapp. Simão de Sousa Victor

    The appellant, a Member of the National Assembly whose term was suspended, appealed against the Supreme Court judgment upholding his pre-trial detention, invoking parliamentary immunity, disproportionality and the presumption of…

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  40. 550/201921 MAY 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 678-B/2018 · Rapp. Josefa Antónia dos Santos Neto

    The appellant, placed in pre-trial detention after testifying as a witness at a homicide trial, brought an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus…

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  41. 549/201921 MAY 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 675-C/2018 · Rapp. Josefa Antónia dos Santos Neto

    The appellant, held in pre-trial detention since January 2018 on suspicion of criminal association and trafficking in goods, lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment…

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  42. 535/201919 MAR 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 631-A/2018 · Rapp. Simão de Sousa Victor

    Two citizens, acquitted at first instance of domestic theft in June 2009, appealed against the Supreme Court judgment which, on the prosecution's appeal, sentenced them to 8 years for embezzlement, placing the facts between…

  43. 534/201926 FEB 2019

    Appeal to the Plenary

    Case No. 661-A/2019 · Rapp. Maria da Conceição de Almeida Sango

    A defendant appealed to the Plenary against the order of the President of the Constitutional Court rejecting as out of time his extraordinary appeal on grounds of unconstitutionality against a Supreme Court habeas corpus…

  44. 533/201926 FEB 2019

    Extraordinary appeal on grounds of unconstitutionality (habeas corpus)

    Case No. 680-D/2018 · Rapp. Maria da Conceição de Almeida Sango

    A defendant lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus application against the house arrest imposed on him as a more severe coercive measure. He…

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  45. 532/201926 FEB 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 634-D/2018 · Rapp. Américo Maria de Morais Garcia

    The Embassy of the Democratic Republic of the Congo lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment upholding its immediate eviction, alleging failure to rule on the nullity of…

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  46. 531/201920 FEB 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 674-B/2018 · Rapp. Simão de Sousa Victor

    The appellant, tried in absentia and convicted of aggravated robbery, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus application, invoking a fair trial…

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  47. 530/201920 FEB 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 655-C/2018 · Rapp. António Carlos Pinto Caetano de Sousa

    The appellant, held in pre-trial detention, brought an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing him habeas corpus, arguing that the failure to carry out the two-monthly…

  48. 529/201920 FEB 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 671-C/2018 · Rapp. António Carlos Pinto Caetano de Sousa

    The appellant, a defendant in criminal proceedings under house arrest, lodged an extraordinary appeal on grounds of unconstitutionality against the judgment of the Criminal Chamber of the Supreme Court refusing his habeas corpus…

  49. 528/201923 JAN 2019

    Extraordinary appeal on grounds of unconstitutionality (habeas corpus)

    Case No. 677-A/2018 · Rapp. Maria Teresinha da Silva Lopes

    A citizen lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus application, alleging excessive pre-trial detention. The Court considered that the decision…

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  50. 526/201923 JAN 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 664-D/2017 · Rapp. Maria Teresinha da Silva Lopes

    A citizen in pre-trial detention, suspected of fraud, corruption and other offences, lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment refusing his habeas corpus application,…

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  51. 525/201922 JAN 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 670-B/2018 · Rapp. Guilhermina Contreiras da Costa Prata

    A defendant lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus application, after the Public Prosecution Service had replaced non-custodial measures with…

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  52. 527/201915 JAN 2019

    Extraordinary appeal on grounds of unconstitutionality

    Case No. 603-C/2017 · Rapp. Carlos Magalhães

    A citizen sentenced to seven years' imprisonment appealed against an order of the President of the Supreme Court summarily rejecting his complaint against the decision that declared his ordinary appeal abandoned because his…

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