Justice and Law
type: channel
description: The journal Justice and Law, founded on June 4, 2003, is a scientific judicial publication edited bay de People´s Supreme Court of Cuba. It offers a peer-reviewed scientific forum for the dissemination of specialized articles related to legal science, particularly the administration of justice. It publishes original and unpublished contributions in Spanish and English over six months. These papers are primarily addressed to magistrates, judges and other Cuban court workers; also to other jurists, law students, and academics and professionals from diverse areas, both nationally and internationally, whose research results contribute to the continuous improvement of the judicial activity. The receipt of contributions, their editorial processing and publication are free of charge, under the non-commercial open access model, according to a creative commons Attribution/Recognition Non-Commercial CC-BY-NC 4.0 license. During its first 20 years of existence, the journal adopted a print format (ISSN: 1810-0191, RNPS: 0504), and latter also launched online (ISSN e: 3105-1170, RNPS: D-000016, Tomo I, Folio 16). It applies the OAI-PMH (Open Archive Initiative Protocol for Metadata Harvesting) protocol, which enables interoperability with other information systems through efficient metadata collection in the publication languages. Its editorial practices are based on recognized international standards, especially those promoted by the Committee on Publications Ethics (COPE). More than 90% of the content included in each issue corresponds to scientific texts.
publisher: Tribunal Supremo Pupular de la Repúblic
language: en
publication name: Justice and Law
issn: 1810-0171
items: Radbruch’s Formula in the authorization of euthanasia
items: Procedural rights of older adults
items: Access to Justice and Artificial Intelligence: A low-cost approach?
items: Regulatory Power in the Rule of Law: Foundations and Judicial Oversight
items: Surrogacy and Adoption: The issues of equality and effective judicial protection
items: Sustainable justice and positive special prevention in economic criminal law
items: Judicial protection against vicarious violence: Institutional mistreatment of mothers and childrens
items: Judicial protection for vulnerable groups
items: Establishment of Criminal Liability for Facts Committed by Artificial Intelligence
items: Judicial decisions in Artificial Intelligence times
items: The application of the artificial intelligence to Justice
items: Conflicting intelligences? A reflection on justice
items: Moving on step by step
items: Ethical Issues of Applying Justice in Ibero-America: Independence, impartiality and integrity
items: Executive Legality and Its Current Manifestation in Cuba
items: ISO 9001:2015 in the Administration of Cuban Justice
items: Transparency and Access to Information: Right and Challenge
items: Asset Seizure in Light of Cuban Civil Law
items: Judicial Oversight of Administrative Inaction
items: The Guarantee Judge in the Current Criminal Process
items: Expert Opinion on Medical Negligence: Challenges and Perspectives
items: On the Judicial Application of International Treaties
items: Justice Through a Feminist Lens: Guidelines for Rewriting Judgments
items: Elderly People and Deprivation of Liberty: Intersectionality and Inclusive Justice
items: Access to Justice for Persons Deprived of Liberty
items: The Socialism and The Rule of Law: Reconstruction from a New Paradigm
items: On Constitutional Protection and the Keys That Safeguard It
items: Quality in Justice: Insights from Comparative Law
items: Popular universities and the human right to education: Review from Spain
items: Family home: new legal concept

Radbruch’s Formula in the authorization of euthanasia
type: item
description: This article analyzes, from a iusphilosophical perspective, the scope and content of Radbruch’s Formula and the relevance of its implementation in judicial settings. Besides, the concept of euthanasia and the regulation that has been given to this institution in comparative law and Cuban law are studied. Finally, the possibility of applying Radbruch’s Formula by Cuban courts is evaluated, specifically to authorize the transition to dignified death for terminally ill patients.
subject: Around
  topic: section
subject: Radbruch’s Formula
  topic: keywords
subject: euthanasia
  topic: keywords
subject: justice
  topic: keywords
subject: human dignity
  topic: keywords
subject: right to life
  topic: keywords
creator: Jaime René Teruel Hernández
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 336
ending page: 358

Procedural rights of older adults
type: item
description: The procedural rights of older adults refer to the set of guarantees, safeguards, and legal mechanisms designed to ensure that individuals aged sixty and over can meaningfully participate in judicial and administrative proceedings, exercise their rights effectively, and receive equal and dignified treatment throughout the process. These rights are grounded in fundamental principles such as equality, accessibility, non-discrimination, reasonable accommodation, due respect for autonomy, and the protection of dignity.
subject: Around
  topic: section
subject: Older adults
  topic: keywords
subject: equality and non-discrimination
  topic: keywords
subject: dignity
  topic: keywords
subject: reasonable adjustments
  topic: keywords
subject: access to justice
  topic: keywords
creator: Luis Octavio Vado Grajales
creator: Martha Leticia Mercado Ramírez
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 316
ending page: 335

Access to Justice and Artificial Intelligence: A low-cost approach?
type: item
description: This article presents a critical reflection on the relationship between artificial intelligence and access to justice within the framework of contemporary postmodern society, marked by social instability, technological acceleration, and the weakening of ethical and cultural foundations. It argues that incorporation of technological tools in judicial practice offers significant opportunities to improve efficiency, transparency, and procedural speed, while also generating risks associated with dehumanization, digital dependency, and potential interference with judicial independence. The text emphasizes the importance of maintaining continuous human oversight in the use of artificial intelligence, preventing the improper delegation of judicial authority. It concludes that prudence, ethics, and the centrality of the human being must prevail over algorithms logic to preserve the moral and axiological essence of law. Ultimately, it calls for a balanced integration between technological innovation and republican values, reaffirming that true justice can only endure upon a moral and humanistic foundation.
subject: Around
  topic: section
subject: Ethics
  topic: keywords
subject: artificial intelligence
  topic: keywords
subject: law
  topic: keywords
subject: balancing
  topic: keywords
subject: prudence
  topic: keywords
creator: Eduardo Fernández Mendía
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 296
ending page: 315

Regulatory Power in the Rule of Law: Foundations and Judicial Oversight
type: item
description: The extensive regulatory activity of the Public Administration brings to the forefront the need for citizens to have sufficient guarantees to ensure that this power operates within constitutional boundaries. Verifying the legality of regulations thus becomes an unavoidable condition for fulfilling the postulates of the democratic State. Judicial review seeks to verify that the regulatory power is exercised in accordance with the rule of law, thereby banishing any hint of arbitrariness. This requires an examination of the legal nature of administrative activity, its foundational premises, essential characteristics, and the framework within which the Public Administration must operate. This paper is devoted to this task. Concurrently, it systematizes the theoretical foundations of regulations and establishes guidelines for improving the mechanisms of judicial review.
subject: Monographic Studies
  topic: section
subject: Administrative law
  topic: keywords
subject: regulatory authority
  topic: keywords
subject: regulation
  topic: keywords
subject: types of regulations
  topic: keywords
subject: judicial review
  topic: keywords
creator: Yomays Olivarez Gainza
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 257
ending page: 294

Surrogacy and Adoption: The issues of equality and effective judicial protection
type: item
description: The text examines the legal treatment of surrogacy in Spain, where the practice is not permitted. Despite the nullity of surrogacy contracts, the analysis focuses on how jurisprudence, particularly rulings STS 835/2013 and STC 28/2024, prioritizes the best interests of the child, their right to identity, and to family life. To register filiation in the Civil Registry, it is established that the ordinary channels of the Spanish legal system must be used: establishing biological paternity (when the commissioning male is the genetic father) and the creation of an adoptive bond by the intending mother, provided the existence of a stable and consolidated family unit is proven, as reinforced by the Instruction of April 28, 2025.
subject: Monographic Studies
  topic: section
subject: Surrogacy
  topic: keywords
subject: filiation
  topic: keywords
subject: best interests of the child
  topic: keywords
subject: jurisprudence
  topic: keywords
subject: adoption
  topic: keywords
creator: Francisco Lledó Yagüe
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 234
ending page: 256

Sustainable justice and positive special prevention in economic criminal law
type: item
description: Sustainable justice is presented as a complementary paradigm to the criminal justice system, making it more effective in different contexts. This perspective proposes integrating sustainability principles into criminal justice, prioritizing reparation, prevention, and social reintegration. Within this framework, positive general prevention reinforces confidence in the normative order through effective sanctions, especially in economic criminal law, where frequent impunity undermines public trust. Likewise, positive special prevention offers a restorative approach functional to punishment, aimed at transforming the offender, whether individual or legal entity. Its implementation, through structural measures, compliance, and restorative processes, fosters a transparent business culture and criminal sustainability, strengthening the system in the area of ​​economic criminal law. In this way, a more rational, efficient, and humanistic model is consolidated, which, through sustainable justice, reinforces the rule of law.
subject: Reflection and Socialization
  topic: section
subject: Sustainable justice
  topic: keywords
subject: economic criminal law
  topic: keywords
subject: positive special prevention
  topic: keywords
subject: restorative justice
  topic: keywords
creator: Daniel Montesdeoca Rodríguez
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 202
ending page: 232

Judicial protection against vicarious violence: Institutional mistreatment of mothers and childrens
type: item
description: This article analyzes vicarious violence as one of the most extreme forms of gender-based violence, defined by the use of children as instruments to inflict harm on their mothers. It reviews the spanish and international legal frameworks, focusing on effective judicial protection and institutional practices that perpetuate secondary victimization. It also explores the psychosocial consequences for women and children, highlighting the gap between law and judicial practice. Finally, it proposes measures to strengthen judicial protection and ensure a comprehensive, sensitive, and effective justice system for victims.
subject: Reflection and Socialization
  topic: section
subject: Vicarious violence
  topic: keywords
subject: institutional abuse
  topic: keywords
subject: effective judicial protection
  topic: keywords
subject: seconday victimization
  topic: keywords
subject: gender-based violence
  topic: keywords
creator: Carmen Delia Díaz Bolaños
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 173
ending page: 201

Judicial protection for vulnerable groups
type: item
description: Given the transformations that have taken place since the end of the 20th century in the legal system for the protection of human rights, this article aims to describe the position that the Argentine State has developed to guarantee these rights, with an emphasis on the protection of vulnerable groups. To this end, a descriptive, qualitative study was conducted, using documentary and legal research as the main data collection tools. This allowed for an understanding not only of the evolution of the struggle for human rights at the international level, but also of how representatives of the Argentine State have received this influence and incorporated it into the legal framework for the protection of so-called vulnerable groups. Following the work carried out, it is evident that, in dialogue with global transformations, Argentina has implemented a process of progressively incorporating laws aimed at improving access to justice and reducing structural inequalities. Despite this, the results show that, even though important legal tools have been developed, challenges persist in the effective judicial implementation of recognized rights, which requires rethinking state strategies to guarantee inclusive and effective legal protection.
subject: Reflection and Socialization
  topic: section
subject: Human rights
  topic: keywords
subject: vulnerable groups
  topic: keywords
subject: public policies
  topic: keywords
subject: legislation
  topic: keywords
subject: legal protection
  topic: keywords
creator: Karina Chávez
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 152
ending page: 172

Establishment of Criminal Liability for Facts Committed by Artificial Intelligence
type: item
description: This article analyzes the challenges inherent in determining criminal liability for harmful acts committed by artificial intelligence systems. Proceeding from the distinction between weak artificial intelligence: predictable and controlled by human, and strong artificial intelligence, characterized by autonomous learning, it examines the inadequacy of traditional models of criminal imputation, such as mediate perpetration or product liability, to resolve the issues posed by artificial intelligence. The text explores European Union proposals, centered on human control and risk management; debates the potential creation of an electronic personhood for autonomous systems; and concludes that, while the current framework prioritizes human supervision, the evolution towards more autonomous AI may necessitate a reconceptualization of the theory of crime and criminal liability.
subject: Reflection and Socialization
  topic: section
subject: Criminal Liability
  topic: keywords
subject: Artificial Intelligence
  topic: keywords
subject: Objective Imputation
  topic: keywords
creator: Ignacio Francisco Benítez Ortúzar
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 128
ending page: 151

Judicial decisions in Artificial Intelligence times
type: item
description: Artificial intelligence has become part of our daily lives, reaching every corner of our existence: work, culture, leisure, and health are all governed, even when we don´t realice, by artificial intelligence. The administration of justice and judges and magistrates in their jurisdictional responsibilities are no exception to this phenomenon. This paper presents concepts that allow jurists understand what artificial intelligence is, how it works, and how it is already being used by the administration of justice in Spain. It highlights the advantages that the implementation of artificial intelligence tools brings to an overburdened and underresourced justice system, but also underlines the threats that the application of AI poses to the process and procedural guarantees. In this scenario, the author explores —from the perspective of Spanish regulations— whether it is possible, today, for artificial intelligence tools to replace human judges and, if so, the pros and cons of such a replacement. This article offers a legal and doctrinal analysis of the use of Artificial Intelligence in the Spanish justice system. It begins with a review of regulations and a study of recent legal scholarship, identifying permissible uses (management and assistance) and the limitations imposed on the automation of decision-making.
subject: Reflection and Socialization
  topic: section
subject: Artificial Intelligence
  topic: keywords
subject: administration of justice
  topic: keywords
subject: judicial decisions
  topic: keywords
subject: procedural guarantees
  topic: keywords
creator: Rosa Rodríguez Bahamonde
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 102
ending page: 127

The application of the artificial intelligence to Justice
type: item
description: Artificial intelligence has arrived to revolutionize social reality and, in particular, the field of law, finding a wide field of action in the jurisdictional field. It is true that artificial intelligence can be a valuable support tool for the generation of legal solutions within a framework of productivity and continuous learning in the optimization of routine and quantitative tasks and can even reduce judicial delays and the duration of proceedings. However, here we examine the serious risks involved in the misuse of this tool in the administration of justice. We are called upon to remain vigilant in the face of possible abuses or overreach that could jeopardize the basic moral demands or values of society to the point of provoking a perverse change in the anthropological paradigm.
subject: Reflection and Socialization
  topic: section
subject: Artificial Intelligence
  topic: keywords
subject: ethics
  topic: keywords
subject: justice
  topic: keywords
subject: technique
  topic: keywords
subject: judges
  topic: keywords
creator: Cristina Hermida del Llano
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 68
ending page: 101

Conflicting intelligences? A reflection on justice
type: item
description: This paper critically examines the increasing integration of artificial intelligence into the legal field under the question: what happens to judgement when decision-making tends to become calculation? It argues that such a substitution alters the very meaning of law. Automation introduces new tools and transforms the conditions under which law is understood, argued and decided, progressively displacing the subject responsible for the decision. From a critical perspective, it is argued that judging is not equivalent to processing information or recognising patterns, but rather to exercising a form of practical reason that integrates interpretation, weighing of principles and responsibility towards others. This deliberative dimension, inseparable from legal experience, cannot be reproduced by systems lacking consciousness and moral accountability. The problem, therefore, is much more than to determine if machines can imitate certain cognitive operations, but to clarify whether justice without a subject is still recognisable as such.
subject: Reflection and Socialization
  topic: section
subject: Artificial intelligence
  topic: keywords
subject: judgement
  topic: keywords
subject: justice
  topic: keywords
subject: rationality
  topic: keywords
subject: automated decision
  topic: keywords
creator: Emilia María Santana Ramos
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 41
ending page: 67

Moving on step by step
type: item
subject: Editorial Note
  topic: section
subject: Editorial note
  topic: keywords
creator: Oscar Manuel Silvera Martínez
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 6
ending page: 7

Ethical Issues of Applying Justice in Ibero-America: Independence, impartiality and integrity
type: item
description: The Ibero-American Judicial Summit has been successful in choosing judicial ethics as a privileged area of international cooperation because it has reinforced this mechanism for legitimizing the exercise of the judicial function, has stressed the importance of judicial principles and virtues and has promoted the institutional interpretation of ethics applicable to judges. The Ibero-American Code of Judicial Ethics in 2006 has facilitated the adoption of ethical codes where they did not exist and has helped overcome suspicions towards this control procedure. The codification of principles and virtues has allowed a better systematization and a greater sensitivity towards aspects that the more traditional positivism had disregarded, in relation to the independence of judges, such as imperviousness towards any external interference; with regard to impartiality as a manifestation of neutrality and equidistance of the judge in relation to the parties; or as regards integrity as probity in the conduct of the judge instilling public confidence in the judiciary. Institutional interpretation is necessary to maintain codes as living instruments that guide judges in resolving everyday ethical dilemmas that have significance in their professional lives; This work is being properly developed by the Ibero-American Commission on Judicial Ethics.
subject: Reflection and Socialization
  topic: section
subject: Judicial Ethics
  topic: keywords
subject: Courts
  topic: keywords
subject: Independence
  topic: keywords
subject: Imparciality
  topic: keywords
subject: Integrity
  topic: keywords
subject: Rule of Law
  topic: keywords
subject: Ibero-American Commission on Judicial Ethics
  topic: keywords
creator: David Ordóñez Solís
rights: Copyright (c) 2026 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 9
ending page: 40

Executive Legality and Its Current Manifestation in Cuba
type: item
description: This study addresses the principle of legality and its expressions in the context of the enforcement of custodial sentences (executive legality), with particular emphasis on the general and prison-related guarantees, that this principle entails to make respect for dignity and rights of convicted persons effective. It also includes assessments of compliance with the principle before mentioned in the current Cuban prison context, the progress made and the limitations that still persist under the current legal regime in this area, which allows to argue concrete proposals to transform these barriers.
subject: Monographic Studies
  topic: section
subject: Legality
  topic: keywords
subject: enforcement
  topic: keywords
subject: deprivation of liberty
  topic: keywords
subject: guarantees
  topic: keywords
subject: judicial control
  topic: keywords
creator: Yoel Quinta Arango
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 346
ending page: 364

ISO 9001:2015 in the Administration of Cuban Justice
type: item
description: To ensure that the judicial function meets the demands imposed by this public service, it is not enough for judges to know the law and interpret it; it is also necessary to provide their performance with instruments that pursue this objective. Contextualizing the work carried out by the courts in current times and using management tools that are applied in their daily work is the responsibility of those who work in the sector, in their capacity as guarantors of effective judicial protection. Quality management, in accordance with NC-ISO 9001:2015, contributes to this perspective. This article examines the Cuban approach to this issue, in contrast to other experiences outside the country.
subject: Reflection and Socialization
  topic: section
subject: Judicial service
  topic: keywords
subject: management system of quality
  topic: keywords
subject: effectiveness
  topic: keywords
subject: user satisfaction
  topic: keywords
subject: standardization
  topic: keywords
creator: Kenia María Valdés Rosabal
creator: Alina de Fátima Santana Echerri
creator: Tomás Betancourt Peña
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 319
ending page: 344

Transparency and Access to Information: Right and Challenge
type: item
description: Effective compliance with the principles of transparency and access to information allows for better oversight of judicial proceedings and promotes the efficiency and effectiveness of the administration of justice, making it essential to strengthen the legal framework that implements them. This article examines the treatment of this topic in the Cuban judicial system. To this end, it draws on the historical and conceptual development of both principles, studies the constitutional texts of countries such as Mexico, Colombia, and Venezuela, analyzes current regulations in detail, and assesses current challenges and possible improvement strategies, given the importance of having accessible content, well-defined exceptions, and limits as a guarantee of proper judicial functioning.
subject: Reflection and Socialization
  topic: section
subject: Transparency
  topic: keywords
subject: right of access to information
  topic: keywords
subject: Cuban Judicial System
  topic: keywords
subject: challenges
  topic: keywords
subject: guarantees
  topic: keywords
creator: Martha González Borrero
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 190
ending page: 318

Asset Seizure in Light of Cuban Civil Law
type: item
description: The seizure of property through the light of the Cuban Civil Law is assumed as a precautionary measure, however the substantive norm of that matter doesn´t make any reference to it. The research presents the doctrinal and normative treatment that conventional seizure has received in several countries, considered a custody contract due to the insufficient regulation of the institution in the Cuban legal system. The paper investigates whether it would be feasible to incorporate such a perspective in Cuba. The use of several scientific methods allowed to obtain a historical and comparative doctrinal systematization of seizure of assets, carry out a diagnosis of its shortcomings at the national level and construct a theoretical proposal that can be incorporated into the Civil Code.
subject: Reflection and Socialization
  topic: section
subject: Seizure of property
  topic: keywords
subject: preventive measures
  topic: keywords
subject: Civil code
  topic: keywords
subject: Cuba
  topic: keywords
creator: Lisbeth Infante Ruiz
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 263
ending page: 289

Judicial Oversight of Administrative Inaction
type: item
description: The Public Administration’s commitment to the principles of constitutional supremacy and legality imposes due diligence on it, in accordance with the role it must play in a context of social responsibility. This is a real and concrete requirement for public action, in the service of citizens, to respond to the constitutional principles of effectiveness and efficiency. When it fails to do so or remains inactive, it violates these principles, essential for good administration, as a mechanism through which the State materializes its commitment to society and ensures that public resources and services are managed efficiently, for the benefit of all citizens. The Law offers citizens procedural tools to combat administrative passivity. At the national level, these tools are regulated in Articles 38 and 49 of the Administrative process law. Although they can be improved, they represent a step forward in the legal protection. This paper, critically, approaches the contents of these provisions.
subject: Reflection and Socialization
  topic: section
subject: Administrative Law
  topic: keywords
subject: Administrative Procedure Law
  topic: keywords
subject: purposes of Public Administration
  topic: keywords
subject: administrative inaction or omission
  topic: keywords
subject: administrative silence
  topic: keywords
creator: Yomays Olivarez Gainza
creator: Rosalía López Ávila
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 232
ending page: 262

The Guarantee Judge in the Current Criminal Process
type: item
description: The 2019 Constitution of the Republic of Cuba marked a milestone for the Cuban legal system, especially in the criminal justice system, which has undergone a profound transformation. Of all the authorities involved in matters of this nature, judges face the greatest challenges. In the exercise of their function of administering justice, the criminal judge stands as one of the main guarantors of compliance with due process, now explicitly recognized in the Supreme Constitution. This has posed a significant challenge for judicial activity, which must adapt its methods to face the constant and complex challenges posed by this new scenario and contribute to consolidating the legal security demanded by Cuban society. This article aims to analyze the theoretical and legal foundations for the role of the judge, as guarantor of rights, in current criminal proceedings. To do so, it employs qualitative methodology, the theoretical methods of analysis-synthesis, induction-deduction, and the document review technique. The results contribute to meeting the standards on which the Cuban judicial system is based: effective and transparent justice.
subject: Reflection and Socialization
  topic: section
subject: Due process
  topic: keywords
subject: guarantor judge
  topic: keywords
subject: effective judicial protection
  topic: keywords
subject: legal security
  topic: keywords
subject: criminal process
  topic: keywords
creator: Irina Díaz Delis
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 203
ending page: 231

Expert Opinion on Medical Negligence: Challenges and Perspectives
type: item
description: This study critically examines Resolution 458 (2019) of the Cuban Ministry of Public Health, a legal instrument that regulates the functioning of expert commissions, in cases of alleged medical negligence resulting in fatal or harmful consequences, and, although it represents a significant regulatory advance, it shows significant limitations in its institutional design, operating procedures, and the delimitation of powers, which underscores the need for legislative reforms to improve its effectiveness and adaptation to the criminal justice system.
subject: Reflection and Socialization
  topic: section
subject: Medical negligence
  topic: keywords
subject: criminal liability
  topic: keywords
subject: lex artis
  topic: keywords
subject: medico-legal expertise
  topic: keywords
creator: Liuver Camilo Momblanc
creator: Marcos Antonio Caraballo de la Rosa
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 170
ending page: 202

On the Judicial Application of International Treaties
type: item
description: The theory of legal argumentation as a tool for procedural law provides judicial decisions with coherence and rationality, which is essential for judges in their constitutional role to understand their role in legal certainty and the impact of decisions on society. Judges must base their rulings on values, principles, and norms, using rationality to ensure the effectiveness of their decisions. This implies that judgments must be reasoned, not only describing the process followed but also adequately justifying the criteria adopted, in compliance with the principle of legality. Currently, it is necessary to examine the commonalities between the treaties and their relationship with criminal law and national regulations, in order to identify the grounds that limit the use of their contents in judicial rulings in criminal matters. The study focuses on the insufficient use of international treaties in the reasoning of criminal sentences in Cuba, arguing that the correct identification and application of the treaty content has a positive impact on the quality of the reasoning behind judicial decisions.
subject: Reflection and Socialization
  topic: section
subject: International treaties
  topic: keywords
subject: Criminal law
  topic: keywords
subject: judicial resolutions
  topic: keywords
subject: argumentation
  topic: keywords
creator: José Ángel Fernández Castañeda
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 149
ending page: 169

Justice Through a Feminist Lens: Guidelines for Rewriting Judgments
type: item
description: The gender perspective is a methodological tool that helps to understand how societies construct roles, behaviors, and attributes associated with men and women and reproduce them. Therefore, this approach is crucial for addressing gender-based violence, given its connection to inequality and the social structures that perpetuate it. In particular, linking it to the crime of murder is essential for judging the most extreme and tragic dimension of this social problem. This study aims to systematize this relationship, in its theoretical and historical dimensions, and focuses on judicial argumentation, highlighting the main successes and failures identified in the analyzed judgments, corresponding to 2024. On this basis, recommendations and proposals for argumentative guidelines, with a gender perspective, are offered for the continuous improvement of Cuban judicial practice.
subject: Reflection and Socialization
  topic: section
subject: Gender
  topic: keywords
subject: gender violence
  topic: keywords
subject: gender perspective
  topic: keywords
subject: murder
  topic: keywords
subject: femicide
  topic: keywords
subject: feminicide
  topic: keywords
creator: Karelia Martínez Rondón
creator: Arlín Pérez Duharte
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 112
ending page: 148

Elderly People and Deprivation of Liberty: Intersectionality and Inclusive Justice
type: item
description: International legal instruments protect women against all forms of discrimination, especially when their gender is compounded by other factors of vulnerability, such as aging and deprivation of liberty, which impact the exercise of their rights as human beings. The intersectionality that arises from the confluence of these three causes (gender, old age, deprivation of liberty) motivates the reflections and proposals in this article, which explores the criminal law reform implemented in Cuba since the 2019 Constitution. A special focus, from a gender perspective, on the substantive, procedural, and executive regulations in this area allows us to identify gaps in the treatment of elderly women serving custodial sentences and to establish the theoretical and legal assumptions that should support their protection. At the same time, it opens the door to future studies on the criminological, regulatory, and judicial standards that should serve as the basis for the protection of this age group, according to their specific characteristics.
subject: Reflection and Socialization
  topic: section
subject: Gender perspective
  topic: keywords
subject: older women
  topic: keywords
subject: enforcement of custodial sentences
  topic: keywords
subject: intersectionality
  topic: keywords
subject: Cuban criminal law reform
  topic: keywords
creator: Grettel Finalé Mesa
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 88
ending page: 111

Access to Justice for Persons Deprived of Liberty
type: item
description: The 100 Rules of Brasilia recognise deprivation of liberty as a cause of vulnerability and urge the States Parties to adopt measures aimed at ensuring access to justice for those in such a condition. Being able to approach the justice bodies, through administrative or judicial channels, is essential for individuals to exercise their human rights, as recognised by the Constitution and the laws. This article approaches this topic and, through the exegetical method, demonstrates the existence of UN instruments that strengthen access to justice for the aforementioned population segment, with a special focus on individuals who also face other situations of vulnerability (women, children, people with disabilities, and the elderly) and their implementation in the domestic law of Cuba. Similarly, the obligation of the operators of the Ibero-American judicial systems to guarantee fairness and procedural equality for these individuals is addressed, due to their involvement in achieving the SDGs, specifically Goal 16 (Peace, justice and strong institutions), in the building of inclusive societies.
subject: Reflection and Socialization
  topic: section
subject: Access to justice
  topic: keywords
subject: Brasilia Rules
  topic: keywords
subject: deprivation of liberty
  topic: keywords
subject: intersectionality
  topic: keywords
subject: inclusive justice
  topic: keywords
creator: Maricela Sosa Ravelo
creator: Mirelys Reyes Vega
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 60
ending page: 87

The Socialism and The Rule of Law: Reconstruction from a New Paradigm
type: item
description: This article analyzes the socialist Rule of Law as a legal paradigm with an institutional logic and ideological foundations distinct from the Western model. It argues that this divergence does not represent a mere delay, but a profound conceptual difference regarding the purpose of law and the role of state power. The study examines the structural characteristics of this system, highlighting the unified leadership of the ruling party as a guarantee of stability and executive efficiency, in contrast to the fragmentation that can arise in multi-party systems. The study explores how popular sovereignty is expressed through class representativeness and collective interests, and how a synergy between rule by virtue and the rule of law is sought. Unlike the separation of powers, the socialist model prioritizes a functional division of competencies to ensure cohesion and responsiveness. The text concludes by advocating for overcoming the singular Western perspective and adopting a pluralistic approach to reinterpret the theoretical possibilities of the socialist rule of law and position it as a legitimate alternative in global legal discourse, fostering a dialogue between legal civilizations.
subject: Reflection and Socialization
  topic: section
subject: Socialist Rule of Law
  topic: keywords
subject: western paradigm
  topic: keywords
subject: multiple legal civilizations
  topic: keywords
subject: legal rationality
  topic: keywords
creator: Pan Deng
creator: Liao Yiyuan
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 32
ending page: 59

On Constitutional Protection and the Keys That Safeguard It
type: item
description: The text systematizes the regulations contained in the Cuban Law on the Process for the Protection of Constitutional Rights, defining it as a procedural institution for the protection of constitutional rights, the purpose of which is to enable these rights to be effectively defended in court, to achieve their restitution and compensation for damages caused, whether material or moral. It explains the prerequisites for the admissibility of a claim, the cases for which the process is provided, the nature and grounds for its processing in court, the involvement of the parties, and aspects related to legal standing and procedural appeal. It also describes essential elements regarding the claim, its response, audiences, and judgment, including their appeal and enforcement. Finally, special reference is made to the legal and social significance of the alleged violation, a legal criterion that determines the admissibility of the claim.
subject: Reflection and Socialization
  topic: section
subject: Constitution
  topic: keywords
subject: constitutional rights
  topic: keywords
subject: constitutional guarantees
  topic: keywords
subject: amparo process
  topic: keywords
subject: constitutional significance
  topic: keywords
subject: legal and social significance of the violation
  topic: keywords
creator: Carlos Manuel Díaz Tenreiro
creator: Maryla Anna Pérez Bernal
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 7
ending page: 31

Quality in Justice: Insights from Comparative Law
type: item
description: Contributing to the improvement and stability of quality, efficiency and productivity, and thus raising the competitiveness of production and services, promoting consumer protection and increasing discipline in compliance with regulatory documents are some of the guidelines for quality work, recognised in the Policy on Standardisation, Metrology, Quality and Accreditation, approved in Cuba. The public sector must assume strategic transformation and modernisation processes aimed at the specialisation and continuous improvement of services, with the citizen at the centre of the management model, a challenge that is present in the administration of justice. The aim of this paper is to refer to the results of the comparative analysis carried out between the quality management systems that employ the approaches of the ISO 9001:2015 standard in the justice services of the Superior Court of Justice of North Lima (Peru), the Superior Court of Justice of Argentina, the Justice System of Colombia and the Dominican Republic, and the People's Supreme Court of Cuba, in order to identify the common elements and the differences between them.
subject: Around
  topic: section
subject: Quality
  topic: keywords
subject: quality management system
  topic: keywords
subject: judicial system
  topic: keywords
subject: quality in justice
  topic: keywords
creator: Rita Sosa Vera
creator: Mabel Pazos Pérez
creator: Alina Bielsa Palomo
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-05-30
publication date: 2025-05-30
starting page: 314
ending page: 341

Popular universities and the human right to education: Review from Spain
type: item
description: This paper analyses the role played by institutions as widespread as the Popular Universities, an educational phenomenon that is close to the general public and which, in the context of the Sustainable Development Goals, achieves important goals and objectives, despite being an institution that is still untapped, disjointed and highly heterogeneous between countries in terms of its constitution, activity and operation. Therefore, based on the Spanish perspective, we study the anchoring of such centres from their background to the present day, including the relationship that links them to human rights and their role with respect to the 2030 Agenda; we conclude with the proposal of an institutional declaration to the Congress of Deputies.
subject: Around
  topic: section
subject: Human rights
  topic: keywords
subject: popular universities
  topic: keywords
subject: education
  topic: keywords
subject: sustainable development goals
  topic: keywords
subject: training
  topic: keywords
creator: Manuel Palomares Herrera
rights: Copyright (c) 2025 Justice and Law https://creativecommons.org/licenses/by-nc/4.0
date: 2025-05-30
publication date: 2025-05-30
starting page: 291
ending page: 313

Family home: new legal concept
type: item
description: The family dwelling, which is fundamentally constituted by marriage, and in which most of the family dynamics and cohabitation relations take place, is the subject of this paper. The current legal system in Cuba does not expressly regulate it; however, the content of the real right of habitation, as an effect of divorce, recognised in the new ‘Family Code’, means that this perspective is being considered for the first time in the history of the country after six decades of absence. The home, a personal property of one of the spouses in which they have shared the marriage and the family formed, is considered as family property if the spouse who fulfils the requirements applies for the right in rem of habitation, aspects which will be dealt with in the text.
subject: Reflection and Socialization
  topic: section
subject: Family home
  topic: keywords
subject: real right of habitation
  topic: keywords
subject: marital breakdown
  topic: keywords
creator: Yoselí Yero Grillo
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-05-30
publication date: 2025-05-30
starting page: 264
ending page: 289