Cuban street art and the rule of law

The street artist we have featured in our last few posts, Yulier P. (@yuliergraffiticuba), was detained by the Cuban police in August of 2017 under an obscure urban planning decree that makes it illegal to build without a permit or deface public monuments. (Shout out to Amnesty International for denouncing this arbitrary arrest.) This urban decree (Decree No. 272, which was signed into law by Fidel in 2001), however, does not authorize the government to arrest violators, only to impose fines. In other words, there is a small gap in Cuba’s fascist legal system, since Decree 272 does not really apply to street artists. Is this legal gap the real reason why the Cuban government enacted Decree 349 in 2018–in order to give the government the legal authority to criminalize street art and prosecute street artists like Yulier P.?

About F. E. Guerra-Pujol

When I’m not blogging, I am a business law professor at the University of Central Florida.
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