The profile of jurists in Cuba: current reality (final)

The Prosecutor’s Office plays a very important role in the performance of the jurist. To be a prosecutor is to be a guarantor, a guardian of legality, a promoter of legality, a defender of strict compliance, from the norms of constitutional hierarchy to the most dissimilar legal provisions.

The Prosecutor’s Office plays a very important role in the performance of the jurist. It should be said that to be a prosecutor is to be a guarantor, a guardian of legality, a promoter of legality based on Article 7 of the Cuban Constitution of 2019, a defender of strict compliance, from the rules of constitutional hierarchy to the most dissimilar legal provisions.

For the jurist, his skills are given in determining whether the situation submitted to his consideration, satisfies or not a legal relationship. If so, to define the branch or branches of law in which it is protected; and, after interpreting the relevant rule or rules, to guide the appropriate ways for its solution in accordance with the law. It can be argued that this is the minimum degree of competence that should be required of a jurist.

The status of party is very common in the legal world. Its appearance occurs not only in litigious matters that require jurisdictional action, but in many others in which the diversity of interests determines the quality of party, even when they are resolved by the concurrence of wills.

In all these matters, the lawyer is called upon to assume the voluntary representation, that is to say, the representation derived from a legal act of designation, power of attorney or mandate, either by a legal or natural person, in an economic or commercial contracting, in the solution of a civil, family, administrative, labor, economic or criminal conflict.

The skills and abilities that the legal professional must develop in this type of action are of a higher degree of complexity than those required for legal advice, since in addition to assessing the legal relevance of a given situation and its possible solutions, he/she must follow the procedures and draft the relevant legal documents and instruments, in accordance with the formalities and terms provided for by law.

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