Does the country need a Ministry of Justice? Jurists debate its impact

Santo Domingo.- The recent approval in first reading of the bill that proposes the creation of the Ministry of Justice has generated an important debate in the legal community. Lawyers consulted by De Último Minuto have divided opinions: while some consider it a necessary institutional advance, others question its relevance and warn about the risks of a greater concentration of power in the Executive. Lawyer Edward Moreno argues that this initiative represents an important step in restoring balance to the functions of the State and correcting historical distortions. He recalls that since the disappearance of the Ministry of Justice in 1964, the Public Prosecutor’s Office has assumed tasks that do not correspond to it, such as prison administration and the representation of the State in civil litigation. For Moreno, re-establishing this institution would allow the Public Prosecutor’s Office to focus exclusively on its constitutional role: criminal investigation and public action. However, lawyer Dángela Ramírez Guzmán considers the creation of a new ministry unnecessary. In her opinion, although this figure exists in other countries, it does not respond to an urgent need in the Dominican context and could generate confusion about institutional competencies. Ramírez warns that the new ministry could excessively strengthen the Executive Branch, to the detriment of democratic balance. As an alternative, she proposes to strengthen the Attorney General’s Office budgetarily to face the burdens of the judicial system, an argument that supports the project.

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Ramírez also points out that the inclusion of victim protection among the functions of the new ministry is an interesting element, but warns that it would require a constitutional reform. As he explains, Article 69 of the Constitution assigns this function to the Public Prosecutor’s Office, so its transfer to another institution would imply a change in the current legal framework. The project envisions the Ministry of Justice taking on functions such as the coordination of the penitentiary system, registry and notarial services, and the supervision of INACIF, currently dispersed among different entities. According to Moreno, this does not represent a duplication of structures, but a reorganization aimed at improving administrative efficiency, in line with Article 134 of the Constitution and the State Administrative Efficiency Law. For Ramírez, however, this mandate raises the need to present a sustainability report justifying the creation of the new ministry, something that, so far, has not been made public.