Diagnóstico sobre la formación de la cultura jurídica en representantes de la sociedad civil espirituana J. Law Epistemic Stud. (January - June 2024) 2(1): 8-12 https://doi.org/10.5281/zenodo.14868401 ISSN: XXXX-XXXX ORIGINAL ARTICLE Diagnosis of the formation of legal culture in representatives of the civil society of Sancti Spiritus Yoan L. Pereira yoapereira89@gmail.com Fiscalía Provincial de Sancti Spriritus, Cuba. Received: 14 October 2023 / Accepted: 11 December 2023 / Published online: 10 January 2024 © The Author(s) 2024 Yoan L. Pereira 1 · Vania González 2 · Dario Delgado 2 Abstract This study evaluated the legal culture among civ- il society representatives in Sancti Spiritus to identify gaps and opportunities to strengthen their legal skills. Through surveys, interviews, and analysis of regulatory documents, the level of legal knowledge and the perception of the rele- vance of law in their daily work were evaluated. The results revealed significant deficiencies in access to legal informa- tion, training in key regulations, and developing skills for interpreting and applying law. Among the main limitations detected were the lack of knowledge of the Constitution of the Republic of Cuba and the legal system. In addition, it was identified that a large part of society is unaware of the availability of legal professionals who offer advice in a col- laborative and free manner, even from academic institutions, which limits access to legal services that could facilitate the understanding and application of current regulations. In re- sponse to this, a legal training plan was proposed aimed at improving knowledge and understanding of the law among representatives of civil society in Sancti Spiritus, providing theoretical and practical tools for the exercise of their func- tions and promoting more significant interaction with current regulatory frameworks. Keywords legal culture, civil society, legal training, free legal advice. Resumen El presente estudio evaluó la cultura jurídica entre los representantes de la sociedad civil espirituana, con el objetivo de identificar carencias y oportunidades para fortalecer sus competencias legales. Mediante encuestas, entrevistas y análisis de documentos normativos, se evaluó el nivel de conocimiento jurídico y la percepción sobre la relevancia del derecho en su quehacer diario. Los resultados revelaron deficiencias significativas en el acceso a la infor- mación legal, formación en normativas clave y desarrollo de habilidades para la interpretación y aplicación del derecho. Entre las principales limitaciones detectadas se encontraron el desconocimiento de la Constitución de la República de Cuba, y del ordenamiento jurídico. Además, se identificó que gran parte de la sociedad desconoce la disponibilidad de profesionales del derecho que ofrecen asesoramiento de manera colaborativa y gratuita, incluso desde instituciones académicas, lo que limita el acceso a servicios legales que podrían facilitar la comprensión y aplicación de las normati- vas vigentes. En respuesta a esto, se propuso un plan de ca- pacitación jurídica orientado a mejorar el conocimiento y la comprensión del derecho entre los representantes de la socie- dad civil espirituana, proporcionando herramientas teóricas y prácticas para el ejercicio de sus funciones y promoviendo una mayor interacción con los marcos normativos vigentes. Palabras clave cultura jurídica, sociedad civil, capacita- ción jurídica, asesoramiento legal gratuito. How to cite Pereira, Y. L., González, V., & Delgado, D. (2024). Diagnosis of the formation of legal culture in representatives of the civil society of Sancti Spiritus. Journal of Law and Epistemic Studies, 2(1), 8-12. https://doi.org/10.5281/zenodo.14868401 1 Fiscalía Provincial de Sancti Spriritus, Cuba. 2 Universidad de Sancti Spíritus “José Martí Pérez”, Cuba.
J. Law Epistemic Stud. (January - June 2024) 2(1): 8-12 9 Introduction Legal culture is a theoretical concept and a pressing need for any community’s civic and social development. In the current Cuban context, marked by constant legislative chan- ges and socioeconomic transformations, the legal training of civil society representatives becomes even more relevant. However, various investigations have shown that knowledge of current regulations is limited and often insufficient to gua- rantee effective participation in the country’s political and administrative life. In 2022, the National Union of Jurists of Cuba (2022), at its 9th Congress, emphasized the need to strengthen legal culture to consolidate the socialist state of law and social jus- tice. This Congress, a significant event in the legal commu- nity, highlighted the importance of continuous training and professional development of jurists and promoting a legal culture that contributes to developing a more just and equi- table society (García & Rodríguez, 2019; Garavito, 2003). Likewise, the approval of the new Family Code (2022) by popular referendum represents a milestone in updating the Cuban legal framework. This code introduces significant changes in family rights, gender equality, and protection of vulnerable groups, which implies new challenges for the le- gal training of the social actors in charge of its implementa- tion. This study aims to diagnose the state of legal culture among civil society representatives in Sancti Spiritus, iden- tifying deficiencies and opportunities for strengthening their legal skills. It is based on the premise that a solid legal cul- ture improves social actors’ performance in their respective organizations and consolidates a more participatory and effi- cient rule of law. To this end, a methodology based on the application of surveys, interviews, and analysis of regulatory documents has been used to assess the level of legal knowledge and the perception of the relevance of law in their daily work. The results reveal significant deficiencies in access to legal infor- mation, training in key regulations, and developing skills for interpreting and applying law. Among the main limitations detected were the lack of knowledge of the Constitution of the Republic of Cuba, the lack of access to the Official Gaze- tte, and the absence of continuous training in fundamental aspects of the legal system due to not knowing that they are available digitally for everyone free of charge stand out. Responding to these findings, we propose a comprehen- sive legal training plan. This plan is not just a response but a beacon of hope for improving the legal culture among civil society officials in Sancti Spiritus. It seeks to provide theoretical and practical tools for exercising their functions, promote more significant interaction with current regulatory frameworks, and foster a culture of legality and social res- ponsibility. Through this diagnosis, we aim to empower you, the civil society representatives, to contribute to improving the legal training process. Your active participation is key to aligning the legal culture with Cuban society’s current needs and de- mands. Continuing legal training is not just a task. It is a responsibility that guarantees a more informed, participatory society aware of its rights and duties, ultimately strengthe- ning the country’s institutionality and social development. In recent studies, authors such as López-Rivera and Sán- chez-Pérez (2022) have pointed out that limited access to legal education in non-specialized sectors directly impacts citizens’ ability to exercise their rights and fulfill their duties. According to these researchers, the lack of legal training pro- grams in organized communities generates a knowledge gap that hinders effective participation in local decision-making and implementing essential regulations. This problem is not exclusive to Cuba but has been documented in various Latin American societies, where legal culture still challenges de- mocratic development and inclusive governance. Therefore, the legal training of social actors is a key factor in reducing inequalities and strengthening the institutional framework of any nation. On the other hand, in comparative research between di- fferent Latin American countries, Rodríguez and Molina (2023) have shown that constant legal training in social or- ganizations positively impacts reducing legal conflicts and strengthening the community fabric. Their study shows that those societies with higher levels of legal education (Monto- ya, 2010; López-Rivera & Sánchez-Pérez, 2022). They have more empowered citizens who can demand transparency and accountability from the authorities. In the Cuban context, this reality takes on special relevance, considering the recent legislative reforms and the active role that civil society plays in the implementation of new regulatory provisions. Hence, this diagnosis seeks not only to identify the deficiencies in the legal culture of the representatives of Sancti Spiritus but also to propose strategies that allow them to strengthen their knowledge and skills in this area. Furthermore, Molina (2024) highlights the importance of legal and political criticism in America, pointing out that a deep understanding of regulations and their historical con- text is essential for effective citizen participation. This criti- cal approach allows social actors to question and reformulate existing legal structures, promoting more equitable justice adapted to local realities. Legal training, therefore, should not only focus on knowledge of current laws but also on de- veloping an analytical capacity that facilitates social trans- formation from a legal perspective.
J. Law Epistemic Stud. (January - June 2024) 2(1): 8-12 10 Methodology This study adopts a mixed methodological approach, in- tegrating qualitative and quantitative methods to accurately diagnose the formation of legal culture in representatives of civil society in Sancti Spiritus. This research design seeks not only to describe the level of knowledge and application of law in this population group but also to analyze the causes of its deficiencies and formulate strategies for improving it. The study follows an exploratory and descriptive design, aiming to identify the current state of legal culture in this sector and analyze the gaps in legal training. At the same time, it is a diagnostic study, as it allows the collection of detailed information on training needs and the structure of a training plan adapted to the characteristics of the context investigated. Research design it was structured in three fundamental phases: 1. Document collection and analysis phase: We carried out a comprehensive study of Cuban legal regulations, institu- tional documents, and academic literature on legal training in the Latin American context. This allowed us to define the theoretical and normative framework of the study and esta- blish the analysis criteria for the empirical evaluation. 2. Empirical diagnosis phase: Surveys, interviews, and observation techniques were applied to obtain direct infor- mation on the legal culture in Sancti Spiritus’s civil society. This phase allowed us to identify strengths and weaknesses in the participants’ legal knowledge and access to legal tools. 3. Strategy and proposal formulation phase: Based on the findings of the two previous phases, a legal training plan was designed to address the identified needs. This plan considers methodological, logistical, and monitoring aspects to ensure effectiveness in improving legal training in this sector. To analyze the phenomenon comprehensively, we used theoretical, empirical, and statistical methodological approa- ches. Theoretical methods allowed us to analyze and contex- tualize the problem from a conceptual and normative pers- pective, identifying the essential elements of legal culture and its relevance to the performance of civil society repre- sentatives. Document analysis: Primary and secondary sources were examined, including the Constitution of the Republic of Cuba (2019), the criminal Code, and other key regulations in labor, family, and agricultural relations, and academic publications on legal education and legal culture in Latin America. Analysis-synthesis method: This method was used to iden- tify patterns in understanding and applying law within the group studied. This allowed the components of legal culture to be broken down and related to the organizational structure of civil society in Sancti Spiritus. Systemic-structural approach: This method examined le- gal culture’s relationship with other social, political, and educational factors. It helped to understand how their insti- tutional environment and community dynamics influence the legal education of civil society representatives. Empirical methods were essential to collect direct infor- mation from participants, ensuring a realistic and eviden- ce-based diagnosis. Structured surveys: These were applied to civil society representatives in Sancti Spiritus to measure their level of knowledge on key regulations, their access to legal informa- tion, and their perceptions of the importance of legal culture. The surveys included closed and open questions to obtain quantitative and qualitative data. Semi-structured interviews: These were conducted with managers and officials from various civil society organiza- tions, allowing for a more in-depth exploration of the diffi- culties and opportunities in legal training in this sector. The interviews helped identify institutional barriers and previous strategies used successfully or unsuccessfully in legal trai- ning. Participant observation: This was carried out within orga- nizational spaces where legal issues are discussed to evalua- te how regulations are incorporated into the daily dynamics of institutions and how civil society representatives interact with the law in their daily practice. To analyze the data obtained, basic statistical techniques were used to quantify and compare the information collected in surveys and interviews: Frequency analysis: Tables and graphs represented the distribution of responses regarding the participants’ legal knowledge. Data comparison: The results obtained were compared with previous studies on legal training in similar contexts, allowing for the identification of common trends and diffe- rences specific to the Cuban case. The study’s target population consisted of representatives of various civil society organizations in Sancti Spiritus. Pur- posive sampling was used to select actors with strategic roles in decision-making within their organizations. The selection criteria required participants to belong to a civil society organization in Sancti Spíritus, hold a leaders- hip role or influence decision-making, possess at least two years of experience, and voluntarily agree to participate in the study. Surveys were applied to a representative number of officials, ensuring diversity in civil society sectors and level of prior legal training. Surveys were applied to a re- presentative number of officials, ensuring diversity in civil society sectors and level of prior legal training. To ensure data reliability, the following criteria were applied: methodological triangulation. Various techniques (surveys, interviews, and observation) were combined to ve-
J. Law Epistemic Stud. (January - June 2024) 2(1): 8-12 11 rify the consistency of the findings. Expert validation: The questionnaire was reviewed by academics and specialists in law and social sciences before its application. A pilot test was carried out with a small group before applying the ins- truments to the total sample to evaluate the questions’ clarity and the content’s relevance. The methodology used allowed for the development of a solid diagnosis of the legal culture of civil society representa- tives in Sancti Spiritus. The combination of theoretical, em- pirical, and statistical methods facilitated a comprehensive understanding of the phenomenon and laid the foundations for a legal training plan proposal. Despite the limitations, the findings constitute a valuable input for improving legal tra- ining in this sector. They can serve as a reference for future research on legal education in the Cuban context. Results and discussion The analysis of data collected through surveys and inter- views allowed for an assessment of the level of legal knowl- edge among representatives of civil society in Sancti Spíritus across various areas of law. In Constitutional Law, 35% of respondents demonstrated adequate knowledge, revealing a limited understanding of the Constitution of the Republic of Cuba and its practical implications. Regarding Administra- tive Law, 50% of participants showed competence, indicat- ing moderate familiarity with regulations governing public administration and its interaction with citizens. In Labor Law, 65% of respondents exhibited solid knowledge, reflect- ing a greater understanding of labor legislation and workers’ rights. In Family Law, 45% of participants demonstrated ad- equate knowledge, suggesting the need for a deeper under- standing of regulations related to family relations and asso- ciated rights. For Criminal Law, 40% of respondents showed competence, indicating a limited grasp of criminal legisla- tion and court procedures. Finally, in Civil Law, only 30% of participants demonstrated adequate knowledge, highlighting a significant deficiency in this fundamental legal area. Seventy percent of respondents indicated that their prima- ry legal information source is workshops and seminars orga- nized by government institutions. Fifty percent mentioned using self-study materials, such as manuals and legal guides, to complement their training. Only 25% of respondents re- ported having regular access to professional legal advice, which limits their ability to resolve specific and complex queries. Eighty percent of respondents recognized the importance of solid legal training for adequately performing their func- tions within civil society. 60% expressed the need for on- going training programs that address legislative updates and delve into specific areas of law. To more clearly visualize the distribution of legal knowledge in the different areas evalu- ated, observe in Figure 1. Figure 1. Levels of legal knowledge by area. The results reveal a significant disparity in legal knowl- edge among civil society representatives in Sancti Spiritus. While areas such as Labor Law present a more consolidated knowledge, other fundamental disciplines, such as Civil and Constitutional Law, show worrying deficiencies. These shortcomings can be attributed to several factors. Firstly, the predominant reliance on government workshops and seminars as the primary source of legal information sug- gests limited and possibly biased training, which does not cover these social actors’ complete training needs. Further- more, access to professional legal advice prevents a deeper and more practical understanding of the current regulations, although it is unknown. Current literature emphasizes the importance of compre- hensive legal training to strengthen civil society’s capacity to promote and defend human rights. For example, the Inter- national Institute for Civil Society (2009) highlights that a proper understanding of the legal framework is essential for organizations to operate effectively and advocate for positive social change. Recent studies also indicate that the lack of adequate le- gal training can limit civil society’s effective participation in democratic processes and monitoring compliance with the law. Therefore, it is imperative to develop training and dissemination programs that address these deficiencies and promote a solid legal culture among civil society representa- tives in Sancti Spiritus. The findings of this study underline the need to implement broader and more accessible legal training strategies. These strategies will enable civil society actors to perform their roles more effectively and contribute to strengthening the rule of law in Cuba.
J. Law Epistemic Stud. (January - June 2024) 2(1): 8-12 12 Conclusions Civil society representatives in Sancti Spíritus face cha- llenges due to their limited knowledge of current regulations, making participating in legal and administrative processes difficult. This situation is aggravated by the lack of ongoing legal training programs and awareness about the availability of free legal advice offered by professionals and academic institutions. These deficiencies negatively affect their ability to engage in an informed manner in local decision-making and the implementation of essential regulations. It is crucial to implement legal training plans and promote the dissemi- nation of free legal advice services to strengthen legal cultu- re in the community and improve the performance of these social actors. References Asamblea Nacional del Poder Popular. (2022). Ley No. 156 “Código de las Familias”. Gaceta Oficial de la Repú- blica de Cuba, Edición Ordinaria No. 99. Recuperado de https://www.parlamentocubano.gob.cu/sites/default/ files/documento/2022-09/goc-2022-o99.pdf García, M., & Revelo, J. (2018). La construcción del Estado local en Colombia. Análisis Político, 31(93), 3-25. ht- tps://doi.org/10.15446/anpol.v31n92.71098 García, M., & Rodríguez, C. (2003). Derecho y sociedad en América Latina: un debate sobre los estudios jurídicos críticos. Colección En Clave de Sur (1ª ed) https://ar- chivos.juridicas.unam.mx/www/bjv/libros/15/7041/7. pdf Imbert, L. M. (2015). Cultura jurídica, familia y envejeci- miento poblacional: retos y perspectivas. Derecho y Cambio Social, (42), 1-13. https://dialnet.unirioja.es/ descarga/articulo/5498891.pdf Instituto Internacional para la Sociedad Civil (ICNL). (2009). El papel de la reforma jurídica en apoyo de la sociedad civil. https://www.icnl.org/wp-content/uploads/cfr_ro- leoflegal-sp.pdf López-Rivera, N. I., & Sánchez-Pérez, A. (2022). La impor- tancia de la educación jurídica en la participación ciu- dadana: Un estudio en comunidades latinoamericanas. Revista de Derecho y Sociedad, 34(2), 45-67. McKay, L. (2018). Hacia una cultura del Estado de Dere- cho: Análisis de respuestas eficaces a desafíos de justi- cia y seguridad. (A. Ajadi; V. O’Connor, eds.). United States Institute of Peace. Molina, D. I. (2023). Crítica jurídica y política en Nues- tra América. Boletín de CLACSO, 4, 15-29. https:// www.clacso.org/en/boletin-4-critica-juridica-y-politi- ca-en-nuestra-america/ Montoya, J. (2010). The Current State of Legal Education Reform in Latin America: A Critical Appraisal. Journal of Legal Education, 59(4), 545-566. https://jle.aals.org/ cgi/viewcontent.cgi?article=1280&context=home Palma, E., & Elgueta, M. F. (2019). Aportes de la didácti- ca de la historia del derecho a la cultura jurídica. Bo- letín Mexicano de Derecho Comparado, 52(154), 269-296. https://www.scielo.org.mx/scielo.php?pi- d=S1870-21472019000100269&script=sci_arttext Rodríguez, C., & Rodríguez, D. (2010). Cortes y cambio so- cial: Cómo la Corte Constitucional transformó el des- plazamiento forzado en Colombia. Dejusticia. Rodríguez, D. I. M., & Pabón, A. P. (2023). El feminismo jurídico y la desnaturalización de las injusticias socioe- conómicas, políticas, identitarias y vitales contra las mujeres. Ciencia Política, 18(35), 211-233. https://doi. org/10.15446/cp.v18n35.105091 Sevilla, O. (2020). Cultura jurídica en materia cultural: La necesidad de un derecho cultural en la sociedad mexi- cana contemporánea. El Artista, (17). https://www.re- dalyc.org/journal/874/87463242004/html/ Unión Nacional de Juristas de Cuba. (2022). Informe central al 9no Congreso de la Unión Nacional de Juristas de Cuba. Actualidad Jurídica - Revista Cubana de Dere- cho, 2(2), 424-442. https://cuba.vlex.com/vid/actuali- dad-juridica-912554511 Conflicts of interest The authors declare that they have no conflicts of interest. Author contributions Yoan L. Pereira, Vania González and Dario Delgado: Con- ceptualization, data curation, formal analysis, investigation, methodology, supervision, validation, visualization, drafting the original manuscript and writing, review, and editing. Data availability statement The datasets used and/or analyzed during the current study are available from the corresponding author on reasonable request. Statement on the use of AI The authors acknowledge the use of generative AI and AI-assisted technologies to improve the readability and cla- rity of the article. Disclaimer/Editor’s note The statements, opinions, and data contained in all publi- cations are solely those of the individual authors and con- tributors and not of Journal of Law and Epistemic Studies. Journal of Law and Epistemic Studies and/or the editors disclaim any responsibility for any injury to people or pro- perty resulting from any ideas, methods, instructions, or pro- ducts mentioned in the content.