Nuova Costituzione e tutela penale dell'ambiente nella Repubblica di Cuba

The Cuban system represents a significant case of state intervention in the search for solutions to environmental issues through a radical transformation of the socio-political model. This article focuses specifically on the relationship between the Constitution and criminal law, highlighting the role of the latter in environmental protection. The entire Cuban legal system incorporates environmental considerations, establishing specific procedures for the administration of justice in response to certain behaviors. In this context, criminal law serves to protect legal assets, reaffirming its role as extrema ratio. Its subsidiary nature becomes evident in the way other branches of law exert a significant influence on environmental management and protection through specific regulatory and administrative mechanisms. An exegetical analysis of the articles of the Cuban Penal Code concerning the impact of human conduct reveals certain limitations and raises questions about the actual capacity of criminal law to support the new eco-socialist paradigm that Cuba aims to implement through its new Constitution.