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

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.

1- Before any case that arises, it is necessary to: a) correctly determine whether it is a legal situation; and if so, b) identify the branch or branches of law in which the situation is framed and in which the relevant solution is found.

2- The protection of persons and their human and citizens’ rights.

3- The processing of constitutional, administrative, civil, family, labor, economic-commercial, and criminal proceedings, at the corresponding levels.

4- Investigation and counseling in the prevention of illegalities.

5- Counseling, in the entities or companies concerned, on matters concerning the compliance and application of the corresponding legislation in the development of the activity of the same, especially on issues of contractual negotiations and meticulous advice on the conclusion of contracts.

6- Voluntary representation of the corresponding natural and/or juridical persons, in negotiations and conflict resolution processes, when appropriate.

7- The elaboration of the corresponding legal provisions, in the entities and companies in which they perform their profession.

8- The drafting of the legal instruments that are necessary and pertinent in each situation.

9- 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.

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