O estatuto do arguido em Angola (análise do paradigma)

Abstract

The study is part of the analysis of the status of the accused in Angola. And because the criminal process must always be based on the historical, cultural and political context in which it lives, an analysis is made of the principles of the Constitution of Criminal Procedure, including those resulting from the application of international instruments that bind the Angolan legal system. However, because the Constitution consecrates Angola, a democratic state and rule of law, and a criminal procedure of accusatorial matrix, the investigation focused, critically, on a revisitation of the signs, symbols or language of due process, proper of democratic states and rule of law. The analysis and comparison between constitutional norms, international instruments and criminal procedural norms in force in Angola is the hallmark of this study. With this, the external and internal determinants that have formed and form the practice of criminal procedure in Angola, a practice that is far removed from what is formally consecrated, assume particular relevance. The concern to find a language of procedural harmony between the "institutes" of criminal procedure - investigation, preparatory instruction, instruction or contradictory instruction, instructive debate, criminal action, judge of freedoms or instruction, measures of coercion, status of the accused, procedural subjects, right of defence, adversarial procedure, access to information, production and valuation of evidence, degrees of jurisdiction, duty to state reasons - and jurisprudential analysis, constitutes a touchstone of this dissertation: the search for the ideal, stability, coherence and beauty of the system of criminal procedure. The design and understanding of the respective paradigm reveal a specific criminal procedural model, formally appropriate to the international standard, but materially influenced by the persistent remnants of a dictatorial criminal process that prevailed since independence until the Constitution of 2010 and whose practices stubbornly linger. With the research focused on these axes, it is concluded that the status of the accused in Angola, only formally, corresponds to the international standard of due process, lacking a material and practical-interpretative overcoming to be able to say that ensures the minimum guarantees required by the standard of the International System of Human Rights.

Date of Award	23 Mar 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Germano Marques da Silva (Supervisor)