NATURAL LAW AND LEGAL POSITIVISM IN THE CUBAN CONSTITUTIONAL EVOLUTION: FROM COLONY TO SOCIALISM

Abstract

Cuban constitutionalism has been defined by the dialectic between natural law and legal positivism. This study examines how both currents have shaped the island's legal political order, from colonialism to recent reforms such as the 2019 Constitution and the Families Code. Its objective is to analyze their impact on the legitimization of power, identifying contradictions between ethical principles and legal formalism through a historical-logical approach and documentary analysis of legal and political texts.

The research highlights that, despite official narratives presenting socialism as a radical break, there is continuity with previous legal traditions. It exemplifies how the 1940 Constitution, although progressive, failed to guarantee labor rights due to a lack of political will, not normative defects. Likewise, it explores how the 2019 reform combines economic openness with ideological control, while milestones like the abolition of slavery reflected natural law influence, and the Families Code incorporated participatory mechanisms. Caught between the Revolution's supposed moral compass and the demands of legal pragmatism, the Cuban system demonstrates a remarkable capacity to adapt to global challenges without abandoning its fundamental political project.