The process of amparo of rigths in Cuba. A critical analysis of constitutional and legislative basis

Abstract

The Constitution of the Republic of Cuba of 2019 reformulated its catalog of rights, duties and guarantees, introduced considerable changes to its economic Constitution and reformed the structures of the State and government at the national and local levels. Undoubtedly, one of the biggest innovations was the incorporation of a jurisdictional guarantee of rights in its article 99, an unprecedented event in Cuban socialist constitutionalism. During the procedural reform, in subsequent years, Law 153 of May 15, 2022 on the Process for the Amparo of Constitutional Rights was approved. This work carries out a critical analysis of the constitutional bases that justify the need to incorporate the Amparo in Cuba, identifying the main shortcomings in its conception from the Constitution and its normative development, with emphasis on matters related to jurisdiction and competence, the admission, excluded matters, the parties and the procedural iter.