Despite the official discourse on the legality of this measure, the new rates imposed by ETECSA violate fundamental rights, contradict the Constitution and directly affect consumers.
Julio Ferrer Tamayo, the lawyer for Cubalex, analyzes the recent measures adopted by the Cuban Telecommunications Company (ETECSA), known as the “Tarifazo” (Tariff Hike), and argues that they constitute a flagrant violation of the principle of legality and the rights of users. Through a publication On his Facebook profile, he explains that, although the authorities insist on presenting these decisions as part of the current regulatory framework, in practice —as this case demonstrates— they are arbitrary actions that violate fundamental guarantees.
What does the law stipulate?
He Decree No. 124, The resolution of April 17, 2025, regulates the administrative concession granted to ETECSA for the provision of public telecommunications services. Article 22, It is expressly established that:
“The maximum internet access rates are approved by the Minister of Communications; those that decrease from these, by the CEO of ETECSA.”
According to the lawyer, this provision was ignored by the authorities, since the commercial measures announced by ETECSA on May 30, 2025, were neither approved by the Minister of Communications nor published in the Official Gazette of the Republic, as required by current legislation. This omission legally invalidates the administrative act.
Measures without legal basis
Ferrer Tamayo points out the legal ineffectiveness of the new rates announced by Prime Minister Manuel Marrero Cruz during the sessions of the National Assembly of People's Power in December 2024, when he stated that "this year a series of commercial measures were going to be implemented in ETECSA, which will contribute to continue developing and sustaining the telecommunications services network in our country."“
These measures were implemented on May 30, 2025, without following legal procedures. Furthermore, Marrero is not the competent authority to approve such rates according to Decree 124, which reinforces their invalidity.
On the other hand, the modification of the mobile service conditions—such as the limitation on the amount of recharges and the restructuring of plans—was carried out without the prior notice of 30 calendar days required by the Prepaid Cellular Telephone Service Contract itself, which stipulates:
“ETECSA will inform the CLIENT, thirty (30) calendar days in advance, of any modification in the conditions of provision of the SERVICE that affects the CLIENT in any way […]”.
These actions not only violate the contract with users, but also lack legal validity. The lawyer points out that, according to the Cuban Civil Code (Law No. 59/1987), still in force, Article 67, section d), declares null and void any legal acts carried out without complying with the formalities established as essential requirements. In other words, the new rates can be declared null and void.
The Constitution is also being violated.
The situation is aggravated by the non-compliance with Article 165 of the Constitution of the Republic, which requires that all general provisions be published in the Official Gazette to have legal validity. In this case, such publication has not been carried out.
Furthermore, Article 9 establishes the principle of socialist legality as an obligation for both citizens and institutions. By acting outside its jurisdiction and without respecting the current legal framework, ETECSA violates this constitutional mandate.
In light of these violations, lawyer Julio Ferrer Tamayo warns that what happened with the "Tarifazo" is further evidence that there is no true rule of law in Cuba, despite what the official discourse claims.
In a state governed by the rule of law, no one is above the law. However, the measures imposed by ETECSA, without legal backing or valid procedure, demonstrate how the government acts beyond the limits it itself establishes, directly affecting thousands of citizens. This arbitrary action not only violates rights but also deepens distrust in institutions and further weakens the principles that should govern public life in the country.