Costales by Leonardo Pita *
Pretender develop a conference on the legal institution of the event, its implications, consecuencias y todo lo que a su alrededor se origina en cualquier contexto socioeconómico y político, nación o régimen, no sería exactamente el propósito del presente trabajo.
¿Hasta dónde la emigración legal y la consecuente confiscación de bienes muebles e inmuebles de los cubanos pudiera considerarse un acto jurídico justo?
La emigración no es un acto lesivo ni antijurídico. ¿Por qué aplicar esta medida extrema de confiscar bienes muebles e inmuebles (y, dentro de estos últimos, la vivienda, bien de incuestionable valor material, sentimental y humano)? ¿Han prescrito los preceptos jurídicos constitucionales que refrendan garantías y dan protección citizens' rights for those who decide to immigrate legally?
This is the fundamental center which will focus on the theme that I intend to share, knowing it will be simple dimensions of what could be a whole thesis to develop in the light of an increasingly international context of human practices attached to protect and guarantee the rights given to the human person as the center and goal of every society. Discussing the topic is necessary to examine certain provisions of the current Cuban Constitution.
Article 21 of the Constitution states: "personal property is guaranteed income and savings from their own work on housing that has domain justly and other goods and objects that serve to satisfy the material and cultural needs of the person "(first paragraph).
seems that this article of the Constitution guarantees citizens the protection of the assets acquired from honest work and a fair and legal.
is important to go back to 1961 to remind those who know her, and present it to non-the ancient and more relevant than ever confiscatory law number 989 of December 5, published in the Official Gazette No. 237 of December 6 of that year. This law ordered the nationalization, through forfeiture in favor of the Cuban State, of all movable and immovable property or any other kind, rights, shares and securities of any person leaving the country permanently. Thus
so simple was stripped of his property and rights of Cuban citizens for the simple reason of making use of their legitimate right to emigrate to the country where they decide to establish temporary or permanent residence. It was the first time the world in its fullness watched with horror how the governance of a country institutionalized the plunder of the property of their countrymen who, for whatever reason, decided one day to leave their beloved homeland.
Well this is not past history, is as valid as the first day, despite lacerating the deepest feelings and create an anger that is aggravated by the lack of a popular forum where you can express loudly that we are removing the guarantees and rights are reflected in the constitution of this country, and are a dead letter.
Invoking Article 21 of the Constitution and what it says is to realize that this is a hypocrisy.
is a fact that on the nationals of that country to lose weight scarce goods acquired during a lifetime of sweat and tears has, houses that have been home to entire generations of families who feel an attachment, not what material, but rather sentimental.
I dare say that Cuba is the only country where their migration is punished with confiscation of goods of all kinds.
need not be a lawyer to know that the seizure occurs in response to an unlawful act, is the reaction of the Administration for breach of substantive law, which involve capital assets related to the agent comisor the offense in question or procured fraudulently or illegally.
Sasturain Mederos says Oriol, in his book Legal Vocabulary (1998): "Seizure is an action taken by the State through its organs, which is available as a sanction, through the procedures established by law. " The brief Political Dictionary published by Progress Publishers in 1983, designated as seizure that "coercive and seizure without compensation by the State of any property or your party. In the criminal law is an accessory penalty which the law imposes for crimes motivated by greed and more serious crimes. "
Where is the violation of the law of the person who decides to migrate through the channels established migration on the island?
Article 41 of the Constitution means that all citizens enjoy equal rights and are subject to equal duties, and does any specification with regard to those who emigrate. So why prescribe the rights and guarantees of those who decide to do it?
Article 60 of the Constitution is much clearer when he says that "the confiscation of property used only as a punishment by the authorities in the cases and procedures determined by law."
We agree that our migration is sanctioned, even if it does so peaceful, orderly and legal.
The Universal Declaration of Human Rights, Article 11 says that all people equally have the right to move freely by any country and live in the place we choose. And 12 states clearly that we are entitled to the protection of our privacy, family, home, correspondence, and to defend our honor.
To accentuate the situation, the General Housing Act undertook, in Article 81, to ensure that everyone-no one speaks of Cuban citizens lose their homes legally acquired by the fact emigrate permanently from the country; Decree-Law No. 233, July 2003, says: "The assets and rights of a person leaving the country are seized."
As we have seen, would be countless pages to describe this abuse of power, or as may be described, "to refer to pain experienced by the Cuban when evicted from what was always his home, even before leaving the country because he is applying the law, unreasonable and private asset stripping, to address what was one of the vaunted promises to give every Cuban decent housing.
What nation on the planet Earth will not respects private property acquired by means of legally admitted? It's really humiliating situation that Cuban immigrants have faced, now, incidentally, are perhaps one of the key revenue sources, in this increasingly impoverished economy. But you can not lose sight of the delivery of housing to people in need of them gives birth to hatred between there and here, as it has always been said by the official sectors if the company becomes current, will claimed the houses supplied by the Cuban government, this is the cause so that no project of democratic change refers to the subject, and if you do, try to make it clear that the decision will be respected by law to mention confiscatory. In my case I agree, but it will be necessary to compensate for the state, and in correspondence with the new legislation, the payment of fair value for these assets taken away without the slightest consideration and warranty.
is true that those who receive not their fault, it is the law, it is the law violates the most basic rights of citizens is a reflection of the hypocritical policy of security and public safety for the Cubans, is the patent and materialized apartheid policy for those who do not share the ideas established officially by the socio-political system established on the island for nearly half a century.
is an unfair punishment that does not share the idea, even if they are minorities, the right of citizens is respected, the law and guarantee of the assets acquired legitimately for years of sacrifice, sweat and tears, must be protected, the other would be to consider criminal action peacefully dispossession of legislation that attacks growing against the interests of their nationals.
Pretender develop a conference on the legal institution of the event, its implications, consecuencias y todo lo que a su alrededor se origina en cualquier contexto socioeconómico y político, nación o régimen, no sería exactamente el propósito del presente trabajo.
¿Hasta dónde la emigración legal y la consecuente confiscación de bienes muebles e inmuebles de los cubanos pudiera considerarse un acto jurídico justo?
La emigración no es un acto lesivo ni antijurídico. ¿Por qué aplicar esta medida extrema de confiscar bienes muebles e inmuebles (y, dentro de estos últimos, la vivienda, bien de incuestionable valor material, sentimental y humano)? ¿Han prescrito los preceptos jurídicos constitucionales que refrendan garantías y dan protección citizens' rights for those who decide to immigrate legally?
This is the fundamental center which will focus on the theme that I intend to share, knowing it will be simple dimensions of what could be a whole thesis to develop in the light of an increasingly international context of human practices attached to protect and guarantee the rights given to the human person as the center and goal of every society. Discussing the topic is necessary to examine certain provisions of the current Cuban Constitution.
Article 21 of the Constitution states: "personal property is guaranteed income and savings from their own work on housing that has domain justly and other goods and objects that serve to satisfy the material and cultural needs of the person "(first paragraph).
seems that this article of the Constitution guarantees citizens the protection of the assets acquired from honest work and a fair and legal.
is important to go back to 1961 to remind those who know her, and present it to non-the ancient and more relevant than ever confiscatory law number 989 of December 5, published in the Official Gazette No. 237 of December 6 of that year. This law ordered the nationalization, through forfeiture in favor of the Cuban State, of all movable and immovable property or any other kind, rights, shares and securities of any person leaving the country permanently. Thus
so simple was stripped of his property and rights of Cuban citizens for the simple reason of making use of their legitimate right to emigrate to the country where they decide to establish temporary or permanent residence. It was the first time the world in its fullness watched with horror how the governance of a country institutionalized the plunder of the property of their countrymen who, for whatever reason, decided one day to leave their beloved homeland.
Well this is not past history, is as valid as the first day, despite lacerating the deepest feelings and create an anger that is aggravated by the lack of a popular forum where you can express loudly that we are removing the guarantees and rights are reflected in the constitution of this country, and are a dead letter.
Invoking Article 21 of the Constitution and what it says is to realize that this is a hypocrisy.
is a fact that on the nationals of that country to lose weight scarce goods acquired during a lifetime of sweat and tears has, houses that have been home to entire generations of families who feel an attachment, not what material, but rather sentimental.
I dare say that Cuba is the only country where their migration is punished with confiscation of goods of all kinds.
need not be a lawyer to know that the seizure occurs in response to an unlawful act, is the reaction of the Administration for breach of substantive law, which involve capital assets related to the agent comisor the offense in question or procured fraudulently or illegally.
Sasturain Mederos says Oriol, in his book Legal Vocabulary (1998): "Seizure is an action taken by the State through its organs, which is available as a sanction, through the procedures established by law. " The brief Political Dictionary published by Progress Publishers in 1983, designated as seizure that "coercive and seizure without compensation by the State of any property or your party. In the criminal law is an accessory penalty which the law imposes for crimes motivated by greed and more serious crimes. "
Where is the violation of the law of the person who decides to migrate through the channels established migration on the island?
Article 41 of the Constitution means that all citizens enjoy equal rights and are subject to equal duties, and does any specification with regard to those who emigrate. So why prescribe the rights and guarantees of those who decide to do it?
Article 60 of the Constitution is much clearer when he says that "the confiscation of property used only as a punishment by the authorities in the cases and procedures determined by law."
We agree that our migration is sanctioned, even if it does so peaceful, orderly and legal.
The Universal Declaration of Human Rights, Article 11 says that all people equally have the right to move freely by any country and live in the place we choose. And 12 states clearly that we are entitled to the protection of our privacy, family, home, correspondence, and to defend our honor.
To accentuate the situation, the General Housing Act undertook, in Article 81, to ensure that everyone-no one speaks of Cuban citizens lose their homes legally acquired by the fact emigrate permanently from the country; Decree-Law No. 233, July 2003, says: "The assets and rights of a person leaving the country are seized."
As we have seen, would be countless pages to describe this abuse of power, or as may be described, "to refer to pain experienced by the Cuban when evicted from what was always his home, even before leaving the country because he is applying the law, unreasonable and private asset stripping, to address what was one of the vaunted promises to give every Cuban decent housing.
What nation on the planet Earth will not respects private property acquired by means of legally admitted? It's really humiliating situation that Cuban immigrants have faced, now, incidentally, are perhaps one of the key revenue sources, in this increasingly impoverished economy. But you can not lose sight of the delivery of housing to people in need of them gives birth to hatred between there and here, as it has always been said by the official sectors if the company becomes current, will claimed the houses supplied by the Cuban government, this is the cause so that no project of democratic change refers to the subject, and if you do, try to make it clear that the decision will be respected by law to mention confiscatory. In my case I agree, but it will be necessary to compensate for the state, and in correspondence with the new legislation, the payment of fair value for these assets taken away without the slightest consideration and warranty.
is true that those who receive not their fault, it is the law, it is the law violates the most basic rights of citizens is a reflection of the hypocritical policy of security and public safety for the Cubans, is the patent and materialized apartheid policy for those who do not share the ideas established officially by the socio-political system established on the island for nearly half a century.
is an unfair punishment that does not share the idea, even if they are minorities, the right of citizens is respected, the law and guarantee of the assets acquired legitimately for years of sacrifice, sweat and tears, must be protected, the other would be to consider criminal action peacefully dispossession of legislation that attacks growing against the interests of their nationals.
* Costales Leonardo Pita: Pinar del Rio. Bachelor of Laws (University of Pinar del Rio, l994). She has worked as General Counsel for several companies in the western province, now does it in the Railways. Advocate Agramonte. Lies in Pinar del Río.
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