STATE LIABILITY FOR ADMINISTRATION OF JUSTICE IN ANGOLA: “THE KING CAN DO WRONG”?

• Autor(a) principal: Pedro, Ricardo
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Lex Humana
• Texto Completo: https://seer.ucp.br/seer/index.php/LexHumana/article/view/2384
• topic: Estado de Direito; Proteção Jurisdicional Efetiva; Administração da Justiça; danos; Responsabilidade Estatal.; rule of law; effective jurisdictional protection; administration of justice; damages; state liability

This study addresses the new civil liability regime of the State for damages caused by the administration of justice recently approved in the Angolan legal system. The provision of this civil liability regime reveals, on the one hand, the importance that the principle of effective judicial protection has assumed in this country and, on the other hand, the duty to compensate whenever that principle is violated, thus materializing, at the level of the administration of justice, a constitutional principle of civil liability of the State. While in terms of principles it can be stated that the old maxim "The King can do no wrong" has been set aside, a more detailed analysis of the regime allows us to understand, on the one hand, that not all solutions are aligned with the basic premises of the theory of civil liability of the State and, on the other hand, that certain legislative solutions may create areas of irresponsibility, putting the principle of civil liability affirmed at constitutional level into crisis.