Africa-Press – Angola. The Constitutional Court (TC) held, on Tuesday, a special plenary session aimed at law students from different schools and universities in Luanda, with the aim of witnessing the work of the 11 advisory judges of this court, during the discussion and approval of a judgment.
During the session, guided by the judge and president of the TC, Laurinda Cardoso, and framed in the context of the 16th anniversary of the institution that is being celebrated today, an extraordinary appeal of unconstitutionality was analyzed.
João Júnior presented the means of challenging the previous decision, by the Family Chamber of the Supreme Court, for having been excluded from the inheritance, allegedly because he was the son of a relationship outside of his father’s marriage, João Terra.
However, the sharing of the inheritance was annulled for violating the principle of equality between children. Both the Luanda District Court and the Supreme Court considered João Júnior an illegitimate son. He did not agree with the Supreme Court’s decision and asked the Constitutional Court to annul it, as it violated the principle of equality, enshrined in the Constitution of the Republic of Angola.
The presiding judge of the TC pointed to Law No. 1/88, which approves the Family Code, which says that all children are equal, regardless of whether they are from a relationship within or outside of marriage, and the Constitution of the Republic, in article 35, no. 5, it enshrines equality between children, regardless of whether they were conceived within or outside of marriage.
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