IDENTIDADES 1 ENGLISH IDENTIDADES 7 ENGLISH | Page 114

stitutional order. It is very necessary for
our goals: to strengthen the Culture of
Law, the Law’s supremacy, and the relationship between political acts and the
legal framework. In modern terms, it is
important to go from the law to the
deeds, that way avoiding going the reverse, from the deeds to the law, if at all
possible.

ry. Their reformation is key to modernizing and democratizing the State. Citizens’ access to power cannot be mediated in an exclusive manner or ideologically represented from within the State.
A government may be ideological, but
not a State. Thus, it is important to ideologically unblock the Constitution in
order to make it fully consider citizens.
Nevertheless, in terms of minimal politics, one can carry out a broad reading of
Article 5, to advance pluralism from the
politically restrictive order the Constitution establishes. Using the constitutional
and legal principle that whatever is not
expressly prohibited, is permitted, it is
possible to open up room for the game of
political plurality in Cuba. Article 5 expressly states that the Communist Party
is the “superior leading force,” not the
only force. The historical practice of
having one and only one party was never
and is not constitutionally legitimated.
Only the actual condition of party-State
in the Communist satellite countries established the “right” of the existence of
only the Communist Party, without and
juridical or legal underpinnings, in nations that governed and govern themselves by a proletarian dictatorship.
Since usucaption later grants a right to
land occupied by custom, this “legalized” practice was extended to States.
Yet, unlike usucaption, it never became
a notarial act that certified and justified
the right of the one and only party based
on the political fact of their being only
one party. Quite apart from the need to
publically deal with Article 5 to reform
the electoral system, there is also the

Another key Article
#OTRO18 must also deal with Article 5:
“The Communist Party of Cuba, a follower of Martí's ideas and of MarxismLeninism, and the organized vanguard of
the Cuban nation, is the highest leading
force of society and of the state, which
organizes and guides the common effort
toward the goals of the construction of
socialism and the progress towards a
communist society.” This Article is both
structural and structuring. It is fundamental because it touches upon the topic
of the essential pluralism of a democratic, fair, free and competitive electoral
system and the law, one that makes possible the rationality of a citizen deliberation. It is the concrete proof and manifested will of a State different and above
its society. It is doubly racist: it establishes legitimated superiority from within culture regarding diverse visions that
make up the Cuban nationality and a
hegemony anchored that situates a social
minority far above the rest of society.
This moral indecency should be dealt
with in order to wV&