The effective judicial protection in a juslaboralist perspective in Cuba

Abstract

In 2019, the Cuban legal system was shaken by the introduction of a new Constitution which, among other essential transformations, enshrined judicial guarantees of rights. Effective judicial protection made its way into the national legal debate. The judicial and procedural reform of 2021 contributed substantially to this. However, the delimitation of its content is still a pending task. Theoretical studies have much to offer in order to fill this gap. Interpreters, and especially the courts, will have to find in them a solid basis that will allow them to shape its extension. For labour rights, which are particularly imbued with an essential tutelary character, such a task must be complemented by the examination of principles and the way in which they shape procedural institutions and categories. This is the perspective presented in this text, which reflects on the current means of settling labour disputes, with the sole ambition of fertilising the path.