Some considerations on the article 99 constitutional and the warranties process of the rights

Abstract

The objective has been the analysis of the article 99 constitutional and the rules that derive for the elaboration of the law of development the precept and, in particular, for the configuration of the process of help of the constitutional laws regulated in the Cuban supreme Text of 2019. Few strange and national doctrinal sources are used, rather its leaves of the author's investigations on the topic of the warranties of the constitutional laws, and a valuation of the language, terms, used for writing it, evidencing certain incongruities that should be solved by the legislator so that a special judicial process that settles in the treatment similar of the human rights regulated in the Constitution by its importance, keeping in mind the peculiarities of the Cuban political-juridical design. Nevertheless, this article concludes recognizing the positive jump, garantista that has meant the forecast of the right to access to this process, in particular for defense those rights that have not had defense in the judicial jurisdiction, as well as the impact of the judicial interpretation in the normative coherence.