THE POWERS OF THE CUBAN CIVIL JUDGE. IDEOLOGICAL DEBATES AND THE NEW PROCEDURAL MODEL

Abstract

The powers of the civil judge are a frequent topic in any procedural law agenda, based on the ideological debates that still persist in modern doctrine, essentially in matters of evidence. The idea of a civil guarantee process is associated with the inactivity of the judges, a theory that is opposed to the idea of judicial activism in the procedural and material direction of the conflict. This controversy is not alien to the Cuban case, since the Civil, Administrative, Labor and Economic Procedural Law regulates a prototype of a judge with sufficient powers that in practice have not reached the necessary relevance, as a result of the nineteenth-century Spanish influence; scenario that seems to change after the promulgation of the new Constitution of the Republic and the legislative reform process derived from it.

Keywords

• powers of judges
• ideology
• evidentiary initiative
• procedural guarantees
• judicial activism