Concurso de Ingresso na Magistratura Judicial — INEJ (Angola)

Under Article 179 of the Constitution of the Republic of Angola (CRA), which fundamental guarantee protects judicial magistrates against involuntary transfer, suspension, promotion, retirement, or dismissal except in statutory cases?

• AThe principle of judicial irremovability (inamovibilidade dos juízes)
• BThe privilege of judicial immunity from criminal prosecution
• CThe discretionary prerogative of the President of the Republic
• DThe principle of periodic administrative rotation

According to the Organic Law on the Organization and Functioning of Common Jurisdiction Courts (LOTJC — Lei n.º 29/22), which judicial organ serves as the court of first instance with general jurisdiction in Angolan judicial circuits?

• ATribunal de Comarca
• BTribunal da Relação
• CTribunal Supremo
• DTribunal Constitucional

Under Article 184 of the CRA and Lei n.º 14/11, which supreme collegiate body is constitutionally vested with the exclusive power of management, appointment, placement, transfer, promotion, and disciplinary authority over judicial magistrates in Angola?

• AConselho Superior da Magistratura Judicial (CSMJ)
• BMinistério da Justiça e dos Direitos Humanos (MINJUSDH)
• CProcuradoria-Geral da República (PGR)
• DAssembleia Nacional

When a judge in a pending civil case finds that an applicable statutory provision directly violates the Constitution of the Republic of Angola, what action must the judge take under the system of incidental constitutional review (fiscalização concreta da constitucionalidade)?

• ARefuse to apply the unconstitutional statutory norm to the specific dispute and state the…
• BApply the statute regardless of unconstitutionality and instruct the parties to file an a…
• CStay the proceedings permanently and declare the law null and void with erga omnes effect
• DRefer the statute to the Assembleia Nacional for retroactive revision before delivering a…

Under the Statute of Judicial Magistrates (Lei n.º 7/15), what is the statutory consequence when a judge has a direct personal, family, or financial interest in a pending lawsuit assigned to their court?

• AThe judge is legally impeded (impedido) from presiding or ruling on the case and must imm…
• BThe judge may continue presiding provided both parties give oral consent at the prelimina…
• CThe judge is only required to consult the court clerk before delivering the final judgment
• DThe judge may preside but must reduce the final award by half

Under the Angolan LOTJC (Lei n.º 29/22), what is the jurisdictional competence of the specialized Sala de Trabalho (Labor Division) of a Tribunal de Comarca?

• AAdjudicating individual and collective labor disputes, union matters, strikes, and appeal…
• BHearing general criminal prosecutions punishable by imprisonment exceeding 8 years
• CAdjudicating commercial insolvency and company merger disputes between foreign corporatio…
• DAdministering maritime salvage claims and air transportation carrier tariffs

Under the Constitution and the LOTJC, how are judges of the Tribunal Supremo appointed in Angola?

• ABy the President of the Republic upon nomination of candidates selected through a public…
• BBy direct universal suffrage of the Angolan electorate for a renewable six-year term
• CBy the Minister of Justice from among practicing advocates with at least five years of ba…
• DBy unanimous vote of the Assembleia Nacional without any judicial council involvement

Which fundamental principle of procedural justice, enshrined in Article 67 of the CRA and Article 3 of the CPC, guarantees that a judge cannot decide a case without both parties having an equal opportunity to present their claims, defenses, and evidence?

• APrinciple of Contradictory Proceedings (Princípio do Contraditório)
• BPrinciple of Unilateral Celerity (Princípio da Celeridade Unilateral)
• CPrinciple of Ex Officio Inquisition without Hearing
• DPrinciple of Presumed Acquiescence

Under the Angolan Civil Code (Código Civil), what is the legal consequence when a legal transaction (negócio jurídico) is concluded under the influence of physical violence (coacção física)?

• AThe apparent declaration has no legal effect because physical coercion prevents a genuine…
• BThe legal transaction is merely voidable (anulável) within a two-year statutory period
• CThe legal transaction remains fully valid but gives rise to an action for moral damages
• DThe legal transaction becomes converted automatically into a conditional donation

Under Article 483 of the Angolan Civil Code, what are the five cumulative elements required to establish non-contractual tort liability (responsabilidade civil extracontratual / delitual)?

• AVoluntary act/omission, unlawfulness (ilicitude), fault/culpability (culpa), damage (dano…
• BFormal contract, monetary breach, commercial registration, notice of default, and moral p…
• CWritten undertaking, judicial protest, bad faith, gross negligence, and punitive penalty
• DPublic interest, administrative decree, direct injury, criminal intent, and strict insura…

Under the Angolan Commercial Companies Law (Lei das Sociedades Comerciais — Lei n.º 1/04), what is the statutory rule regarding the liability of members in a Sociedade por Quotas (Lda.)?

• AThe company's assets answer for company debts; each member is responsible for their own c…
• BShareholders have unlimited, personal, and joint liability for all corporate debts regard…
• CShareholders have zero liability, with only the general manager being liable for commerci…
• DShareholders are liable only if the company has more than one hundred registered employees

Under the Angolan Civil Code, what is the legal effect of a contractual penalty clause (cláusula penal) agreed by the parties in an obligation?

• AIt establishes an advance contractual assessment of damages for non-performance or delay,…
• BIt imposes an irrevocable criminal fine that must be paid directly to the State treasury
• CIt completely extinguishes the creditor's right to demand performance of the primary obli…
• DIt is deemed null and void per se as an unlawful usurious agreement

In Angolan civil procedure (CPC), what is the difference between a dilatory plea (excepção dilatória) and a peremptory plea (excepção peremptória) raised in the defendant's contestação?

• ADilatory pleas prevent the court from examining the merits of the case and lead to dismis…
• BDilatory pleas require immediate monetary deposit; peremptory pleas require oral testimon…
• CDilatory pleas can only be raised by the plaintiff; peremptory pleas can only be raised b…
• DDilatory pleas decide the substantive right permanently; peremptory pleas merely postpone…

Under Article 342 of the Angolan Civil Code, who bears the burden of proof (ónus da prova) regarding constitutive facts versus facts that extinguish, modify, or prevent the invoked right?

• AThe plaintiff must prove the constitutive facts of the right claimed; the defendant must…
• BThe defendant must prove all facts regardless of who asserted them
• CThe judge must independently discover and prove all facts ex officio in all civil cases
• DThe court clerk bears the evidentiary burden under penalty of disciplinary fine

Under the Angolan Code of Civil Procedure (CPC), what essential procedural stage takes place at the preliminary pre-trial phase (saneamento do processo)?

• AThe judge verifies procedural regularities, dismisses dilatory exceptions, fixes the undi…
• BThe judge immediately executes the defendant's bank accounts without hearing evidence
• CThe judge refers the entire case to arbitration without statutory authorization
• DThe parties deliver their closing oral arguments before the full judicial jury

Under Article 668 of the CPC, which of the following constitutes an absolute ground for the nullity of a civil judicial judgment (nulidade da sentença)?

• AFailure to state the factual and legal grounds of the decision (falta de fundamentação),…
• BDelivering the judgment in typed rather than handwritten format
• CRefusing to award more damages than the plaintiff requested in the petição inicial
• DOrdering the losing party to pay standard statutory court costs

Under the Angolan Code of Criminal Procedure (Lei n.º 39/20), what is the exclusive institutional role of the Juiz de Garantias during the preparatory investigation phase (instrução preparatória)?

• ATo safeguard fundamental constitutional rights, authorize invasive investigative acts (su…
• BTo lead criminal investigations in the field and interrogate suspects on behalf of the po…
• CTo draft the indictment (acusação) and represent the State at the trial hearing
• DTo advise criminal defendants on trial defense tactics without counsel

Under the Angolan Criminal Code (Código Penal — Lei n.º 38/20), which of the following is recognized as a statutory ground of justification (causa de exclusão da ilicitude) that excludes the unlawfulness of an otherwise criminal act?

• ALegitimate Defense (Legítima Defesa)
• BVoluntary drunkenness (Embriaguez voluntária)
• CFinancial hardship of the perpetrator
• DIgnorance of the published penal statute

Under the Angolan Code of Criminal Procedure (Lei n.º 39/20), what is the maximum time limit within which a person detained in flagrante delicto or under an arrest warrant must be presented before the Juiz de Garantias for judicial interrogation and validation of detention?

• A48 hours
• B72 hours
• C7 days
• D15 days

Under the Statute of Judicial Magistrates (Lei n.º 7/15) and the Public Probity Law (Lei n.º 3/10), which of the following professional activities is legally compatible with the full-time exercise of the judicial function?

• AHigher education legal teaching and non-remunerated legal research, subject to prior auth…
• BOperating a commercial wholesale trading enterprise
• CServing as an active officer of a political party or partisan foundation
• DEngaging in paid private legal advocacy and representation of clients in court

In Angolan civil law, under Article 280 of the Civil Code, what is the legal sanction for a contract whose subject matter is physically impossible, contrary to statutory law, or offensive to public order (ordem pública) or good morals (bons costumes)?

• AAbsolute nullity (nulidade absoluta)
• BRelative voidability (anulabilidade)
• CAutomatic conversion into a commercial loan
• DSuspension of the obligation until approved by the registry

Under the Angolan Civil Code, when does ownership (direito de propriedade) of a specific, individually determined real property (coisa determinada) transfer from the seller to the buyer in a contract of sale (compra e venda)?

• ABy mere effect of the validly executed contract (consensual principle / mero efeito do co…
• BOnly upon physical handover and possession of the property keys
• COnly after the full purchase price is paid in full
• DOnly upon issuance of the municipal tax assessment notice

Under Article 442 of the Angolan Civil Code, what is the ordinary consequence if a promissory contract (contrato-promessa) is breached by the party who received the earnest money (sinal)?

• AThe defaulting recipient must return double the earnest money (restituição do sinal em do…
• BThe defaulting party may keep the earnest money and terminate the contract without liabil…
• CThe defaulting party must pay a criminal penalty to the court clerk
• DThe contract is automatically extended for ten years

Under Angolan succession law (Direito das Sucessões, Código Civil), what is the legal term for the portion of the deceased's estate that the testator cannot dispose of by will or donation because it is legally reserved for forced heirs (herdeiros legitimários)?

• ALegitimate portion or reserved portion (legítima / reserva legitimária)
• BDisposable portion (quota disponível)
• CTestamentary legacy (legado testamentário)
• DUnclaimed estate (herança jacente)

In a civil action for damages, if the victim's own negligent conduct contributed to the occurrence or aggravation of the damage, how must the trial judge assess liability under Article 570 of the Angolan Civil Code?

• AThe court may determine whether compensation should be awarded in full, reduced in propor…
• BThe court must dismiss the lawsuit and fine the plaintiff for bringing the claim
• CThe defendant is automatically held 100% liable regardless of the plaintiff's contributor…
• DThe court must order both parties to divide all legal assets equally

Under the Angolan Commercial Companies Law (Lei das Sociedades Comerciais — Lei n.º 1/04), what is the minimum number of shareholders required to incorporate a standard Sociedade Anónima (S.A.), subject to the statute's public-sector exception?

• A5 shareholders
• B2 shareholders
• C10 shareholders
• D20 shareholders

Under Article 26 of the Angolan Code of Civil Procedure (CPC), what is the legal standard for determining procedural standing (legitimidade processual) of the parties in a civil lawsuit in the absence of a special statutory provision?

• AThe plaintiff has standing if they have a direct interest in demanding the relief, and th…
• BOnly individuals who possess real estate property have standing to sue in civil courts
• CStanding is determined solely by the financial wealth of the plaintiff compared to the de…
• DOnly public administrative bodies have procedural standing in common jurisdiction courts

In Angolan civil procedure, what is the consequence if the defendant fails to file a statement of defense (contestação) within the statutory deadline after being regularly served in person (citação pessoal)?

• AThe factual allegations made by the plaintiff are deemed confessed/admitted (efeito comin…
• BThe judge must automatically dismiss the lawsuit for lack of interest
• CThe defendant is sentenced to criminal detention for contempt of court
• DThe proceedings are stayed indefinitely until the defendant appears

Under Article 381 of the CPC, what are the two core prerequisites that a petitioner must demonstrate to obtain an interim injunction or provisional remedy (providência cautelar)?

• AAppearance of a good right (fumus boni iuris / probabilidade do direito) and danger in pr…
• BAbsolute certainty of criminal conviction and payment of a municipal tax
• CUnanimous agreement of all neighbors and publication in two national newspapers
• DPrior exhaustion of all administrative appeals and mandatory arbitration

Under the Angolan Code of Civil Procedure, what is the nature and purpose of the appeal remedy known as Apelação?

• AIt is the ordinary appeal filed against final judgments (sentenças finais) of the court o…
• BIt is an extraordinary appeal filed exclusively before the International Court of Justice
• CIt is an interlocutory motion filed against administrative clerks for delayed filings
• DIt is an appeal against non-final procedural orders during the trial

Under the Angolan Criminal Code (Lei n.º 38/20), what is the statutory age of criminal responsibility (maioridade penal)?

• A16 years of age
• B14 years of age
• C18 years of age
• D21 years of age

Under Article 20 of the Angolan Criminal Code (Lei n.º 38/20), what constitutes a criminal attempt (tentativa)?

• AThe execution of acts of commencement of a crime intended by the agent, without the crime…
• BMerely thinking about or planning a crime in private without committing any overt executi…
• CCommitting a completed minor infraction while preparing for a civil court hearing
• DVoluntarily abandoning a criminal plan before performing any outward act

Under the Angolan Code of Criminal Procedure (Lei n.º 39/20), what is the legal rule regarding evidence obtained through torture, physical coercion, or unlawful violation of the home or correspondence (provas proibidas)?

• ASuch evidence is null and cannot be used against the accused; it may be used only to pros…
• BSuch evidence may be used if the prosecutor deems it essential for securing a conviction
• CSuch evidence is valid provided the police officer pays an administrative fine
• DSuch evidence may be used if the trial judge holds an informal hearing in chambers

Under the Angolan Code of Criminal Procedure (Lei n.º 39/20), when is the coercive measure of pre-trial detention (prisão preventiva) legally permissible?

• AOnly as an exceptional measure of last resort (subsidiariedade), when non-custodial coerc…
• BAutomatically in every criminal investigation upon the opening of a police docket
• CWhenever the victim requests it, regardless of the penalty threshold of the alleged crime
• DOnly if the suspect fails to hire a private defense attorney within twenty-four hours

Under the Angolan Criminal Code (Lei n.º 38/20), which considerations guide a trial judge when fixing the concrete criminal penalty (determinação da pena)?

• AIdentify the applicable statutory range, then fix the concrete penalty within it by refer…
• BConsult the municipal administrator and impose whatever sentence the local council recomm…
• CImpose the exact maximum penalty in every case to ensure general deterrence
• DAllow the victim to select the penalty duration from a list of statutory options

Under the Public Probity Law (Lei n.º 3/10), which of the following acts committed by a public official or magistrate constitutes an act of corruption resulting in illicit patrimonial enrichment (enriquecimento ilícito)?

• AAccepting valuable gifts, money, commissions, or economic advantages from a person or ent…
• BPublishing an academic legal textbook and receiving author royalties
• CDeclaring all personal assets and bank accounts to the Procuradoria-Geral da República up…
• DPurchasing treasury bonds issued by the Angolan State at public auction

Under the Statute of Judicial Magistrates (Lei n.º 7/15), what is the highest disciplinary sanction that the CSMJ can impose on a judicial magistrate for grave and manifest violation of judicial duties?

• ACompulsory retirement (aposentação compulsiva) or dismissal from the judiciary (demissão)
• BCriminal imprisonment imposed directly by the CSMJ disciplinary inspector
• CTransfer to an overseas diplomatic embassy
• DPermanent loss of political voting rights

Under the Angolan Code of Civil Procedure, what is the legal effect of a final judgment that is no longer subject to ordinary appeal (caso julgado material)?

• AThe decision becomes definitively binding and unchangeable regarding the substantive rela…
• BThe judgment is valid for only six months, after which the plaintiff must re-file the law…
• CThe decision can be overruled at any time by a simple petition to the municipal police co…
• DThe losing party may re-file the identical claim in every other province of Angola

Under the Angolan Civil Code, how must a court resolve a civil dispute when there is no specific statutory provision governing the exact matter (lacuna da lei)?

• AThe judge cannot refuse to administer justice (proibição do non liquet) and must integrat…
• BThe judge must dismiss the case immediately stating that no law exists
• CThe judge must order the parties to wait until the Assembleia Nacional passes a new statu…
• DThe judge must flip a coin in open court to reach a verdict

Under the Angolan Code of Criminal Procedure (Lei n.º 39/20), what is the legal effect when an accused person invokes their constitutional and statutory right to remain silent (direito ao silêncio) during judicial interrogation?

• AThe silence cannot be interpreted as an admission of guilt or valued against the accused…
• BThe silence is legally treated as a full confession of all charges in the indictment
• CThe judge must impose an automatic fine and deny the right to call witnesses
• DThe defense attorney is immediately removed from the case

Under the LOTJC (Lei n.º 29/22), what is the geographical and jurisdictional jurisdiction of a Tribunal da Relação in Angola?

• AIt exercises appellate jurisdiction over a designated judicial region (Região Judicial) c…
• BIt has jurisdiction only over disputes occurring within the presidential palace complex
• CIt has nationwide original first-instance jurisdiction over all petty civil infractions
• DIt has jurisdiction restricted exclusively to maritime territorial waters

Under the Angolan Civil Code (Article 227), what standard of conduct must negotiating parties observe during preliminary negotiations and contract formation (culpa in contrahendo)?

• ARules of good faith (regras da boa fé), under penalty of compensating damages caused by w…
• BStrict confidentiality with mandatory registration in the commercial gazette
• CAbsolute joint liability for all pre-existing debts of the other negotiating party
• DImmediate non-refundable deposit of twenty percent of the proposed contract value

In a civil action for real property recovery (acção de reivindicação, Article 1311 of the Civil Code), what two cumulative elements must the plaintiff prove to succeed?

• AThat the plaintiff is the lawful owner of the property and that the property is unlawfull…
• BThat the plaintiff is a registered tenant and the defendant has a lower monthly income
• CThat the property is located within 5 kilometers of the municipal court building
• DThat both parties signed a commercial partnership agreement

Under Article 805 of the Angolan Civil Code, when does a debtor become formally in default (mora do devedor)?

• AUpon judicial or extrajudicial demand (interpelação), unless the obligation has a fixed t…
• BAutomatically on the date the contract was originally drafted, regardless of due date
• COnly after three consecutive final judgments of the Tribunal Supremo
• DOnly if the creditor publishes a notice on national television

Under the Angolan Code of Civil Procedure (CPC), what is the legal term for the joinder of multiple plaintiffs or multiple defendants in the same lawsuit (litisconsórcio)?

• ALitisconsórcio (active when multiple plaintiffs, passive when multiple defendants, and mi…
• BColigação processual compulsiva sem partes
• CIntervenção de terceiros provocada coerciva
• DSub-rogação processual unilateral

In Angolan civil procedure, when can a judge order the production of evidence ex officio (iniciativa probatória do juiz / inquisitório mitigado)?

• AThe judge may order any evidentiary measures deemed necessary to ascertain the material t…
• BThe judge has zero power to order evidence and can only look at documents brought by the…
• CThe judge can only order evidence if authorized by the provincial governor in writing
• DThe judge can only order evidence in cases where the claim value is under one thousand kw…

Under Article 510 of the CPC, in which of the following circumstances may the judge immediately deliver a final judgment on the merits at the preliminary hearing (saneador-sentença)?

• AWhen the state of the case allows for an immediate decision on the merits because all nec…
• BWhenever the plaintiff is a state-owned corporation regardless of factual disputes
• COnly if the defendant orally confesses to a criminal offense during the civil hearing
• DWhenever the trial docket is crowded and the judge desires to reduce case backlog

Under the Angolan Code of Civil Procedure, what is the legal effect of an injunction granted without hearing the opposing party first (audiência prévia dispensada / contraditório diferido)?

• AThe measure is executed immediately, and the respondent is summoned immediately thereafte…
• BThe measure is permanently unchallengeable by the respondent under any circumstance
• CThe measure is null and void automatically after 24 hours unless confirmed by the supreme…
• DThe applicant must deposit the full value of the respondent's total business assets in ca…