Ministry of Justice
Minister: Roberto T. Díaz Sotolongo
Graduate: Attorney at Law.
Address: Calle O No. 216, Vedado, La Habana
E-mail: [email protected]
The Ministry of Justice is the Organism in charge of attending the Government
in the preparation and execution of the politics in the juridical environment;
to advise in the legislative process; to exercise the abilities that are
pointed out by the law regarding the Provincial and Municipal Courts;
to exercise the management and the technical, normative and methodological
control from the activities to its position and to promote the development
of the juridical activity.
Among its main tasks are:
- To Direct, to execute and to control the juridical politics of the
nation.
- To seek the improvement of the juridical work in the sphere of the
national economy and the continuous improvement of the legal order.
- To Study, to propose and to direct the systematizing of the laws.
- To check and to evaluate the effectiveness of the laws.
- To direct and to control methodologically the notaries and registering
activity.
- To determine the demand and the university graduated student’s
assignment in Law.
- To contribute to the juridical spreading of the law.
- To Direct the Official Gazette of the Republic.
The Judicial and Legal system of the Republic of Cuba subscribes in the
traditions and characteristics of the Continental European Laws of which
took the corresponding judicial institutions when, in its concrete and
particular elaboration, kept in mind the prevalent social, cultural and
juridical conditions in the contemporary Cuban society.
The Constitution of the Republic of Cuba, approved in the year 1976 in
popular referendum for 97% of the citizens of the nation, is the juridical
document for the highest level and it is the one that determines the organisms
with legislative capacity and the principles and foundations of the content
of the laws.
Cuba is an organized Socialist State of Workers, independent and sovereign,
with all and for the well of all, as unitary and democratic republic,
for the enjoyment of the political freedom, the social justice, the individual
and collective well-being and the human solidarity. In the Republic of
Cuba the sovereignty resides in the people, of which emanates all the
power of the State. That power is exercised directly or by means of the
Assemblies of the Peoples Power and other organisms of the State that
are derived of them, in the form, and according to the norms fixed by
the Constitution and the laws.
The National Assembly of the Peoples Power is the supreme organ of the
power of the State. It represents and it expresses the sovereign will
of the whole people. The National Assembly of the Peoples Power is the
only organ with constituent and legislative emporium in the Republic of
Cuba. The deputies that integrate it are electing for the secret and direct
vote of the citizens.
Fundamental principles of the judicial system
- The absolute independence of the judges, individually and of the
whole system of Courts, in the function of imparting justice.
- The social nature of the justice is determined mainly by the incorporation
of non professionals’ judges to the judicial functions next to
the professional ones.
- The elective character of all the judges (professional and non professionals)
like a viable formula to guarantee the intervention of the society in
the mission of imparting justice.
- The absolute equality of all the people before the law.
- The collegiate integration of the Courts in all the acts of justice,
in any of the judicial instance and in the nature of the matter.
- The double instance in the knowledge and decision of all the judicial,
certain matters essentially for the recurrent character of all the resolutions
dictated by the courts.
Popular Courts
The Courts constitute a system of state organs. The function of imparting
justice emanates of the people and it is exercised on its behalf for:
- The Popular Supreme Court
- The Popular Provincial Courts
- The Popular Municipal Courts
- The Military Courts
The Popular Supreme Court exercises the maximum judicial authority and
its decisions are definitive.
General Office
The General Office of the Republic is the organ from the State to which
corresponds, as fundamental objective, the control and the preservation
of the legality and the promotion and the exercise of the penal public
action in representation of the state.
The General Office of the Republic constitutes an organic unit, only
subordinated to the National Assembly of the Peoples Power and the Council
of State. The organs of the Office are organized vertically in the whole
nation, only subordinated to the General District attorney.
State Notaries
The activity and notaries function is organized in a system of state
notaries. The notaries are public officials authorized to give faith of
the extrajudicial juridical acts in those that intervene for reason of
their position, of conformity with the law.
Main Rules:
- Constitution of the Republic of 1976.
- Law of the Popular Courts of 1997.
- Law of the General Office of the Republic of 1997.
- Law of the Military Courts of 1977.
- Ordinance-law on the exercise of the Legal profession and the National
Organization of Collective Offices of 1984.
- Civil Code 1987.
- Code of Family of 1975.
- Code of Trade of 1885.
- Code of Work of 1985.
- Penal Code 1987.
- Law of the Tributary System of 1994.
- Ordinance-law of the System of Labor Justice of 1997.
- Law of Social Security of 1979.
- Law of Military Crimes of 1979.
- Law of Civil, Administrative and Labor Procedure of 1977.
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