Constitution Project: provisions on the judicial function

Proyecto de Constitución: previsiones sobre la función judicial

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Constitution Project: provisions on the judicial function

October 4th, 2018

Rubén Remigio Ferro

The constitution project of the Republic, which is currently undergoing a broad and democratic process of popular consultation, provides, among other modifications, the strengthening of the role of the courts in fulfilling the judicial function, as guarantors of access to justice natural and legal persons and to provide them with effective protection in the exercise of their legally recognized rights and guarantees.
The careful reading of the text under discussion - in particular, Chapters I, II, III, IV and V grouped under Title IV - allows to verify the exhaustive and orderly relationship with which, in its content, the wide range of rights and duties that attend or correspond to people.
As an essential complement, in Chapter VI of the same title, a forceful article of new incorporation reflects the jurisdictional guarantees with which people will have to claim before the courts, when their rights are violated by State bodies, managers, officials and employees , and suffer damages due to the wrongful act or omission of their functions, for which they may request the restitution of the rights violated and, where appropriate, the corresponding compensation or compensation that may be appropriate.
In this regard, the draft supreme rule also makes it clear that the legal procedure that is implemented to comply with the aforementioned guarantee must be preferential, expeditious and concentrated.
Undoubtedly, the scope and transcendence of these provisions will be appreciated, enriched and supported in all their magnitude by the immense majority of the people, who will know how to value them as important concrete expressions of the sovereign will to strengthen institutionality and legal security in the country. country.
Another notable element in the proposed reform, which will entail the strengthening of the democratic, impartial, transparent and equitable character of judicial activity, is the precise and disaggregated formulation of the action budgets that make up the so-called "due process", understood as the respect for the inherent rights of individuals, whose limits must not be transferred or violated by the authorities or officials involved in judicial processes, such as investigators, instructors, prosecutors, lawyers, judges or other actors involved in these matters.
In this regard, it is also worth highlighting the incorporation into the draft constitutional text of the habeas corpus procedure, as a way of claiming, before the competent court, for those who were illegally deprived of liberty, which will provide greater normative hierarchy to an existing practice in the jurisdictional order of the country, aimed at protecting people against arbitrariness and excesses that compromise the legitimate enjoyment of their freedom.
Likewise, in comparison with the current constitutional text, some of the changes that the project incorporates, in the articles referred to the courts of justice, as an integral part of the structure of the State (Title VI, Chapter VI) are eloquent. Its entry into force, with the enactment of the new regulation, will involve multiple changes in the conformation and functioning of the jurisdictional bodies, to temper them not only to the provisions that are innovated, but also to the current needs posed by the provision of a service judicial system more efficient and effective in the conditions of today's Cuba.
These are some of the reasons that allow us to assert that the new Constitution that emerges from the process currently underway will determine, among other significant advances, an appreciable increase in access to judicial justice, as a fundamental right of the people and, consequently, of the responsibility of the jurisdictional organs in guaranteeing that the constitutional precepts that are definitively embodied in the new Magna Carta are fulfilled in a full and effective manner.
Once the new supreme norm has been approved and proclaimed, it will be up to judges and courts of justice to continue optimizing capacities and aptitudes in the exercise of the jurisdictional function, to defend, at the level and in the area that corresponds to us, the strict compliance and respect , by all without exception, of the constitutional precepts, laws and other provisions derived from the Magna Carta.
That is and will always be our greatest commitment and firm commitment to the people to whom we owe and in whose name we act.
Rubén Remigio Ferro, president of the Supreme People's Court of the Republic of Cuba.

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