Jurists in Cuba: current reality from our South.

What are the problems that the jurist must face and solve in the different spheres of action of the primary level of professional practice?

The problems that the jurist must face and solve in the different spheres of action of the primary level of professional practice are, among the most important, the following.

Before any case that arises, it is necessary to correctly determine whether it is a legal situation; and if so, to identify the branch or branches of law in which the situation is framed and in which the relevant solution can be found. The protection of individuals and their human and citizens’ rights.

In addition to the processing of constitutional, administrative, civil, family, labor, economic-commercial, and criminal proceedings, at the corresponding levels, the investigation and advice on the prevention of illegalities, as well as advice, in the entities or companies concerned, on matters concerning compliance and enforcement of the relevant legislation in the development of the activity of the same, especially on issues of contractual negotiations and meticulous advice on the conclusion of contracts.

Also to take into account as part of their professional practice the voluntary representation of the corresponding natural and/or legal persons, in negotiations and conflict resolution processes, when appropriate, the drafting of the corresponding legal provisions, in the entities and companies in which they perform the profession, the drafting of the legal instruments that are necessary and pertinent in each situation and the verification, within the framework of their competence, of the compliance and application of the legislation in force, of the respect of the laws and legal provisions, in a climate that strengthens the juridicity or submission of all, natural and legal persons, of the state and of the civil society, to the mandate of the legal norms.

The changes in the Cuban economic, political and social scenario, starting in the 1990s, when the USSR and other socialist countries of Eastern Europe disappeared, led to positive and negative consequences in all spheres, structures and social institutions, among which civil society and the family stand out, These are the theoretical reflections of specialists from different disciplines, which do not exclude Law, Political Science, which is assumed with a Southern approach, which is the new Political Science of those who were colonized, of those who today continue to be colonized, neo-colonized or re-colonized, of those stripped of their identities, of their faces, of their cultures by the transnational global government: the new colonialists. This is the harsh reality that we face from the South!

Written by Osvaldo Manuel Álvarez Torres.PhD in Political Science. DEA in Philosophy of Law. Consulting Professor