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Universidad de La Habana
versão On-line ISSN 0253-9276
Resumo
PEREZ GUTIERREZ, Ivonne e HIERRO SANCHEZ, Luis Alberto. For a Thorough Judicial and Constitutional Protection. UH [online]. 2020, n.289, pp. 187-206. Epub 25-Abr-2020. ISSN 0253-9276.
The recently approved Cuban Constitution enshrines effective judicial protection as the main guarantee of the rights it endorses. Due to its meaning complexity, effective judicial protection is frequently confused with access to justice or the due process of law; however, they are two of the key elements that shape a macro concept which applies to all procedural types and that indicates the accomplishment of the state function of justice administration, along with obtaining a reasoned and reasonable judgment, its enforcement and the defenselessness prohibition. Each criminal, civil, family, administrative or labor process represents the ideal vehicle for conducting a protective and effective judicial work, while its express constitutional regulation constitutes the starting point and the main goal for the administration action, as well as the need to reform the procedural laws that materialize it.
Palavras-chave : access to justice; due process of law; rights and guarantees; effective judicial protection; judicial enforcement.